KENT COUNTY, Mich. — Nearly 80 communities in the state, many from West Michigan, are arguing over the zoning of clean energy sites like solar and wind farms. Now, the state Court of Appeals will decide which side is right.
Attorney Michael Homier, who represents the 72 townships and 7 counties, says the Michigan Public Service Commission (MPSC) overstepped its authority last month when writing rules to implement legislation passed in the previous year concerning the zoning of large clean energy sites.
Michael Homier said, “They started changing the legislation itself. And so the MPSC is not the legislature, and so when they start redefining terms or construing things under the act that we believe go beyond their authority, that's what this appeal is.”
The law takes effect on Nov.29 and will allow the state to approve clean energy construction permits.
“When the legislature debated this legislation, they insisted and reassured that local municipalities would have local control,” said Homier.
He says none of the municipalities he represents completely ban clean energy sites. He says, “In fact, every single one of them, in some way or shape or form, has either allowed it by complying with pa 233 and making amendments to their zoning ordinance [or] are in the process of doing so.”
He says his clients want the Court of Appeals to rule that local governments can decide where it is appropriate to build green energy facilities.
“The townships, for their communities, want and have a meaningful say in where these facilities should be located, like every other land use,” said Homier.
FOX 17 contacted the Michigan Public Service Commission for an interview, but they declined, saying they could not comment on pending litigation.
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