STATE OF MICHIGAN
CIRCUIT COURT FOR THE 20TH JUDICIAL CIRCUIT OTTAWA COUNTY
Case No. 25-8415-CH
Hon. Karen J. Miedema
_____________________________________________________________________________________________________________________________
MICHIGAN DEPARTMENT OF TRANSPORTATION,
Plaintiff,
v
JOHN B. LEMMEN, deceased; his successors; and any other interested parties,
Defendants.
_____________________________________________________________________________________________________________________________
Makayla M. Bendele (P84519)
Attorney for Plaintiff
Michigan Department of Attorney General
Transportation Division Van Wagoner Building 425 West Ottawa Street
Lansing, MI 48913
(517) 335-1656
_____________________________________________________________________________________________________________________________
ORDER FOR ALTERNATE SERVICE OF
DEFAULT AND NOTICE OF FINAL HEARING
At a session of said Court, in the city of Grand Haven, county of Ottawa, State of Michigan, on this ____ day of ______________, 2026;
Present: Honorable Karen J. Miedema, Circuit Judge
This matter is before the Court on a complaint filed by Plaintiff Michigan Department of Transportation (MDOT), requesting entry of a default judgment declaring that MDOT holds full legal and equitable title, free and clear of any and all claims of Defendants John B. Lemmen, deceased; his successors; and any other interested parties in this action (Defendants), to real property situated in the city of Holland, county of Ottawa, and State of Michigan. On November 4, 2025, the Clerk of the Court entered a Default against Defendants for failure to file a response to MDOT's complaint.
The Court being duly advised in these matters;
IT IS HEREBY ORDERED that a copy of this Order; the November 4, 2025 Default Request and Entry; MDOT’s proposed Final Default Judgment as to all Defendants; and a Notice of Hearing for a final Zoom hearing on entry of the Proposed Default Judgment shall be published once each week in the Holland Sentinel for three consecutive weeks. A proof of publication shall be filed with the Court.
IT IS SO ORDERED.
/s/Karen J. Miedema (P34879)
Hon. Karen J. Miedema
Circuit Court Judge
Dated: 02/04/2026
Prepared by:
Makayla M. Bendele (P84519)
Assistant Attorney General Attorney for Plaintiff MDOT 425 West Ottawa Street
Lansing, Michigan 48913
(517) 335-1656
**************************************************************************************************************************************************************
STATE OF MICHIGAN
CIRCUIT COURT FOR THE 20TH JUDICIAL CIRCUIT OTTAWA COUNTY
Case No. 25-8415-CH
Hon. Karen J. Miedema
_____________________________________________________________________________________________________________________________
MICHIGAN DEPARTMENT OF TRANSPORTATION,
Plaintiff,
v
JOHN B. LEMMEN, deceased; his successors; and any other interested parties,
Defendants.
_____________________________________________________________________________________________________________________________
Makayla M. Bendele (P84519)
Attorney for Plaintiff
Michigan Department of Attorney General
Transportation Division
Van Wagoner Building
425 West Ottawa Street
Lansing, MI 48913
(517) 335-1656
_____________________________________________________________________________________________________________________________
DEFAULT REQUEST
1.I request the Clerk enter the default of Defendants John B. Lemmen, deceased, his successors; and any other interested parties (Defendants), for failure to please or otherwise defend as provided by law.
2.To the best of my knowledge, none of the defaulted parties are in the military or incompetent persons.
3.It is unknown whether any of the defaulted parties are in the military service.
4.This request is made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts of this request.
I declare under penalty of perjury that this has been examined by me and that its contents are true to the best of my information, knowledge and belief.
Respectfully submitted,
/s/Makayla M. Bendele (P84519)
Assistant Attorney General
Attorney for Plaintiff MDOT
Van Wagoner Building, 4th Floor
425 West Ottawa Street
Lansing, Michigan 48913
(517) 335-1656
STATE OF MICHIGAN )
COUNTY OF INGHAM )
Subscribed and sworn to before me on this 4th day of November, 2025.
/s/Amy M. Krycinski-Murray
Notary Public
Commissioned in Eaton County
Acting in Ingham County
State of Michigan
My Commission Expires: 2/10/2030
DEFAULT ENTRY
The default of the parties named above for failure to plead or otherwise defend is entered.
Dated: 11/4/2025
/s/Emma Peterman 11/4/2025
Court Clerk
**************************************************************************************************************************************************************
STATE OF MICHIGAN
CIRCUIT COURT FOR THE 20TH JUDICIAL CIRCUIT OTTAWA COUNTY
Case No. 25-8415-CH
Hon. Karen J. Miedema
_____________________________________________________________________________________________________________________________
MICHIGAN DEPARTMENT OF TRANSPORTATION,
Plaintiff,
v
JOHN B. LEMMEN, deceased; his successors; and any other interested parties,
Defendants.
_____________________________________________________________________________________________________________________________
Makayla M. Bendele (P84519)
Attorney for Plaintiff
Michigan Department of Attorney General
Transportation Division
Van Wagoner Building
425 West Ottawa Street
Lansing, MI 48913 (517) 335-1656
_____________________________________________________________________________________________________________________________
NOTICE OF HEARING
Please take notice that a hearing requesting entry of the proposed Final Default Judgment, attached hereto, has been scheduled before the Honorable Karen J. Miedema on Friday, March 6, 2026, at 1:30 p.m. via Zoom (Meeting ID 893 390 6576), or as soon thereafter as counsel may be heard.
Respectfully submitted,
/s/Makayla M. Bendele
Makayla M. Bendele (P84519)
Assistant Attorney General
Attorney for MDOT
Dated: February 4, 2026
**************************************************************************************************************************************************************
STATE OF MICHIGAN
CIRCUIT COURT FOR THE 20TH JUDICIAL CIRCUIT OTTAWA COUNTY
Case No. 25-8415-CH
Hon. Karen J. Miedema
_____________________________________________________________________________________________________________________________
MICHIGAN DEPARTMENT OF TRANSPORTATION,
Plaintiff,
v
JOHN B. LEMMEN, deceased; his successors; and any other interested parties,
Defendants.
_____________________________________________________________________________________________________________________________
Makayla M. Bendele (P84519)
Attorney for Plaintiff
Michigan Department of Attorney General
Transportation Division Van Wagoner Building
425 West Ottawa Street
Lansing, MI 48913
(517) 335-1656
_____________________________________________________________________________________________________________________________
FINAL DEFAULT JUDGMENT AS TO ALL DEFENDANTS
At a session of said court, in the City of Grand Haven, County of Ottawa, State of Michigan, on this ---- day of ---- 2026;
Present: Honorable Karen J. Miedema, Circuit Judge
This matter is before the Court on a complaint filed by Plaintiff Michigan Department of Transportation (MDOT), requesting a judgment declaring that MDOT holds full legal and equitable title, free and clear of any and all claims of Defendants John B. Lemmen, deceased; his successors; and any other interested parties in this action (Defendants), to real property situated in the City of Holland, County of Ottawa, and State of Michigan, described as follows:
Land situated in the State of Michigan, County of Ottawa, City of Holland.
That part of Lot 2, Village of Cedar Swamp, lying South of the Black River a/k/a Macatawa River, North of Chicago Drive (M21), East of the land described in Liber 2323, Page 632 and West of the land described in Instrument No. 2022-0014263 (the Property).
The Property is a small, narrow, vacant strip of land between the Macatawa River and MDOT's right-of-way of Business 196, which is also known as Chicago Drive. MDOT also owns all of the real property adjacent to the Property in fee. MDOT has openly maintained and improved the Property since at least 1931, including installing and maintaining a guardrail, trimming grass, and maintaining drainage.
Pursuant to the August 29, 2025 Order for Alternate Service by Publication, MDOT published notice of this litigation with the Holland Sentinel and posted a copy of the Order in the Ottawa County Courthouse for three consecutive weeks. Defendants did not file a reply to the complaint, and a Default Request and Entry was entered by the Clerk of the Court on November 4, 2025.
The Court being duly advised in these matters;
IT IS HEREBY ORDERED that any and all interests that Defendants have, or may have had, in the Property are hereby discharged and quieted.
IT IS HEREBY FURTHER ORDERED that MDOT holds full legal and equitable title to the Property, free and clear of any and all claims of Defendants.
IT IS HEREBY FURTHER ORDERED that a certified copy of this Judgment shall be recorded with the Ottawa County Register of Deeds and shall further discharge the Notice of Lis Pendens recorded on August 20, 2025 with the Ottawa County Register of Deeds as Document No. 2025-0022680.
IT IS HEREBY FURTHER ORDERED that this Judgment resolves the last pending claim in this matter and closes the case.
Hon. Karen J. Miedema (P34879)
Circuit Court Judge
Prepared by:
Makayla M. Bendele (P84519)
Assistant Attorney General
Attorney for Plaintiff MDOT
425 West Ottawa Street
Lansing, Michigan 48913
(517) 335-1656
BendeleM2@michiean.gov