Graham Jaehnig/Daily Mining Gazette The antenna tower at the former U.S. Air Force radar base on Mount Horace Greeley in Keweenaw County, as it appeared in 2017. The county, which owns the tower, has contracts with several entities to have equipment mounted on the tower, including the Upper Peninsula Power Company and Past.Net.

EAGLE HARBOR — The new owners of the former Air Force radar base on Mount Horace Greeley, 3D Stem, may be headed to court after repeatedly denying Keweenaw County easement rights to the road to a county-owned antenna tower on the property.

A motion by County Commissioner Del Rajala, and supported by Commissioner Bob DeMarois, was unanimously carried, to allow County Prosecutor Chuck Miller to file a lawsuit at his discretion, against the owners, after that organization asserted that the county has neither and easement nor an agreement in place to use the road through their property.

At the regular October meeting, Board President Don Piche read aloud a letter to the board from County Prosecuting Attorney Chuck Miller that said following the closing on the sale of the Mount Horace Greeley property in early September, 3D Stem, acting through Dale Zulak, changed the lock on the gate to Mount Horace Greeley Road. Zulak indicated to the Sheriff that he intended to install a gate that he could open remotely from his home.

On Sept. 29, Houghton County Road Commission Engineer/Manager Greg Patrick informed Miller that Zulak was contending that the county did not have easement across the road.

Patrick forwarded an email to Miller that he had received from Zulak the previous day stating that the county has told him they still need a plowed path to the antenna tower, of which the county have retained ownership, and implying that plowing arrangements for the road would need to be made through 3D Stem. The following day, after they acknowledging to Mr. Patrick, that he was aware that the county needed winter access to the tower, Zulak sent an email to Don Piche, County Clerk Julie Carlson, and Miller, asking if the county would need access to the antenna tower this winter, stating that he was working on a management plan and describing the county as his “customer.”

At that point, Miller advised Piche his opinion was that it is critical to point out to 3D Stem that the county retains easements across Horace Greeley Road and does not need 3D Stem’s permission or consent to use the road, or have the road commission repair and clear the road. And, 3D Stem’s unclear motivations in changing the lock on the gate, along with its stated intention to install a remote locking mechanism is also necessary to make clear that the county expects that they will receive keys or other means of unlocking, at any time, and without delay, the locking mechanism placed on the gate of Mount Horace Greeley Road by 3D Stem, and that the county intends to share such keys and other means of unlocking the gate as necessary, to allow county officials and the county contractor parties to access to the antenna tower.

Miller sent the copy of the letter on behalf of Don Piche to Dale Zulak and Garrett Hartley, acting as 3D Stem, on Oct. 12, 2021.

“I had legal conclusions in the letter concerning the easement independently reviewed by an outside counsel to the county prior to sending the letter,” Miller stated in the letter.

On the day Miller sent the letter, Zulak attended a meeting at the Keweenaw County Road Commission and, according to Patrick, Zulak again asserted that there is no easement or agreement in place for the county to use the road through his property. Whether Zulak had the opportunity to review the letter prior to attending the meeting is unknown, Miller wrote.

“However, to date,” Miller wrote, “he has not acknowledged the county’s rights with respect to the road. I have recommended that if Zulak continues to insist that the county does not have an easement across Horace Greeley Road that the Board of Commissioners authorize the filing of a lawsuit against 3D Stem.

“I anticipate that such a lawsuit would be what is called a Declaratory Judgement action to establish the county’s rights with respect to Horace Greeley Road,” continued Miller in the letter. “I further anticipate that the lawsuit would seek temporary a restraining order or preliminary injunction against 3D Stem with a permanent injunction to be entered against 3D Stem upon completion of the action. I would like any motion authorizing the lawsuit to especially state the filing within my discretion.”