Mentor Harbor Yachting Club v. Mentor Lagoons, Inc.
Mentor Harbor Yachting Club v. Mentor Lagoons, Inc.
Opinion of the Court
The question for determination is whether the Mentor Harbor watercourse flowing into Lake Erie constitutes a navigable body of water. If it is a naturally navigable watercourse it is public. In view of our determination of this question, a consideration of other issues presented in this cause is unnecessary.
The division of watercourses into navigable and non-navigable is merely a method of dividing them into public and private, which is the more natural classification. A modern concept of navigable waters was announced by this court in the recent case of Coleman v. Schaeffer (1955), 163 Ohio St., 202, 126 N. E. (2d), 444. The syllabus of that case is as follows:
“1. In determining the navigability of a stream, consideration may be given to its availability for boating or sailing for pleasure and recreation as well as for pecuniary profit.
“2. Such navigability may be determined on the basis of not only the natural condition of the stream but also of its availability for navigation after the making of reasonable improvements.
“3. In determining the navigability of a stream, consideration may be given to its accessibility by public termini, but the presence or absence of such termini is not conclusive.”
We shall, therefore, determine the navigability of the Mentor Harbor watercourse upon the basis of the following^/ factors: (1) Capacity for boating in its natural condition, (2) accessibility by public termini, (3) capacity for boating after the making of reasonable improvements, and (4) the capacity for boating for either recreation or commerce.
The natural condition of the watercourse in the Coleman
A further resemblance in the natural condition of the two watercourses exists. Beaver Creek was navigable only for a distance of two miles from its mouth. At that point the creek became shallow and filled with vegetation and debris to the extent that even the smallest vessel could not navigate it. Similarly, in the instant case, the streams which fed the natural body of water at Mentor Harbor were navigable only for a short distance while that inland body of water itself was fully navigable.
In examining the natural condition of the Mentor Harbor watercourse it was found by the Court of Appeals that a natural passage did in fact exist which connected the watercourse with Lake Erie. Prior to 1926, and before any improvements had been made, a number of vessels gained access to the inland waters by use of such passage. On these occasions the
ct* * * Navigability in the sense of the law is not destroyed because the watercourse is interrupted by occasional natural obstructions or portages. * * * There are but few fresh-water rivers which did not originally present serious obstructions to uninterrupted navigation. The vital and essential point is whether the natural navigability of the river is such that it affords a channel for useful commerce. If this is so, the river is navigable in fact, although its navigation may be encompassed with difficulties by reason of natural barriers, such as rapids and sand bars. * * *” (Emphasis added.)
In East Bay Sporting Club v. Miller, 118 Ohio St., 360, 161 N. E., 12, this court recognized the principle that a body of water need not flow continuously in order to be properly characterized as a watercourse. The court in paragraph three of the syllabus stated:
“A watercourse is a stream usually flowing in a particular direction in a definite channel having a bed, banks or sides and discharging into some other stream or body of water. It need not flow continuously, and may some times be dry or the volume of such watercourse may some times be augmented by freshets or water backed into it from a lake or bay or other extraordinary causes; but so long as it resumes its flow in a definite course in a recognised channel and between recognised banks, such stream constitutes a watercourse.” (Emphasis added.) The East Bay case is cited and quoted above only for approval
As announced by this court in the Coleman case, a factor which may be considered in determining the navigability of a watercourse is its accessibility by public termini. The presence or absence of such termini is not conclusive. However, it should be observed that the watercourse in question is bounded on the north by the public waters of Lake Erie. In its present condition, the Mentor Harbor watercourse is easily accessible from the lake, and in its natural condition it was accessible, except during the intervals of sand accumulation at the mouth of the channel.
In its present state, the watercourse in controversy consists of a deep channel joining Lake Erie with an elaborate system of extensive artificial lagoons. This watercourse is presently used, and has been used for many years, for sailing and mooring of yachts and various other craft of considerable size. There can be little doubt of the excellence of the place, in its present condition, for recreational boating. In the plaintiff’s own words, “the obvious suitability of the artificial waterways for use by boats is not in dispute.” To emphasize the present capacity of the watercourse for boating, it is interesting to note that the plaintiff admits the mooring of over 60 of its members’ vessels at various places along the lagoons adjacent to the property owned by the defendants herein.
The abundant and continued public use of this watercourse finds strong substantiation in the recent case of State v. Pierce, 164 Ohio St., 482, 132 N. E. (2d), 102. That controversy related to an alleged violation of a township zoning resolution govern
The plaintiff here claims that the deepening and widening of the channel in question was an improvement different in kind from the “reasonable improvement” involved in the Coleman case. This is true, the plaintiff contends, because of the large cost of the operation and because of the fact that the construction was undertaken in a “mársh-like” area. Thus, the plaintiff concludes that the dredging and maintenance of its channel do not constitute such a reasonable improvement. Our conclusion is to the contrary. As previously pointed out, the record in the Coleman case confirms the fact that the dredging of Beaver Creek and the dredging of Mentor Harbor were undertakings of a very similar nature. Both operations involved the dredging of sand accumulated because of identical causes. Both operations were conducted in areas which prior to such dredgings had the appearance of swamps or marshes, the latter feeding and draining into the navigable parts of the watercourses.
A natural watercourse does not lose its character as a public watercourse because a part of its channel has been artificially created. Nor is the channel of a naturally navigable watercourse made private because of reasonable improvements put upon it. Hornor v. City of Baxter Springs, 116 Kan., 228, 226 P., 779; Missouri Pacific Ry. Co. v. Keys, 55 Kan., 205, 40 P., 275, 49 Am. St. Rep., 249; Holden v. Robinson Mfg. Co., 65 Me., 215. Similarly, in the instant case, the lagoons, which are artificial extensions of the naturally navigable channel, became a part thereof and are public waters.
As revealed in the Coleman case, supra, this court has extended the eriterea for determining navigability beyond the so-called “commercial usage” test as applied in paragraph two of the syllabus in the East Bay Sporting Club case, supra. To decide navigability solely upon the basis of such use fails to take
We agree with defendant Nozik’s assertion, when he urges us to comply with such a modern concept of navigable waters and to ‘ ‘ declare these waters navigable; not only the waters of the plaintiff, which control the waters of the channel, but all the waters of the entire lagoons. These belong to the people. These are public.”
We hold that the Mentor Harbor watercourse in its present state, including both the channel and the lagoons, is navigable and, hence, public waters.
The judgment of the Court of Appeals is reversed and final judgments are rendered for the defendants.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.