JAMESTOWN TOWNSHIP, Mich. — A developer has filed a lawsuit against Jamestown Township regarding its requirement to fund public-use bike paths in order to get site plans approved.
The developer behind Jamestown Shores, LLC and Quincy Street Ventures, LLC has filed the suit against the township in federal court, asking for the payments they have already made to be returned, and to bar the township from further payments in order to get plans approved.
The township outlines the requirement in its zoning ordinance, under the bicycle paths section.
“The township may require an applicant seeking planned development review and approval in accordance with this Chapter to: 1) grant the necessary easements for the construction of bicycle paths; and either (2) construct bicycle paths as further provided in subsection 19.16.B.1 below; or (3) make a financial contribution to the township for use by the township, together with interest earned thereon, for bicycle paths,” the ordinance reads.
It outlines a process in which the township will work with the applicant to figure out where they will build the bike path.
The intent is spelled out to, “provide, develop and maintain a township bicycle path system to connect neighborhoods, schools, business districts, parks and other facilities.”
The developer involved brought the lawsuit in regards to two projects in the works.
The Jamestown Shores organization says in the lawsuit that it has already made a payment to the township of $94,078.50.
It was given an amount of $19,913.00 in regards to the Quincy Street Ventures project, but has declined to pay so far.
“Jamestown’s bike path ordinances are a funding scheme whereby Jamestown relies on its legitimate authority to regulate land use as a means to illegitimately force a specific category of private landowners (those seeking a site plan or planned development review and approval as a pre-condition to issuance of building permits) to give up rights to their land or their own funds to address public concerns unrelated to the impact of the land development proposal that is being reviewed and approved,” attorneys for the developer said in their filing.
They allege that Jamestown Township’s bike path ordinances are “unconstitutional."
The developer is asking the court to force Jamestown Township to stop enforcing the bike path ordinances, and to reimburse them for payments already made in relation to the Jamestown Shores project.
FOX 17 reached out to counsel for the developer, but has yet to hear back.
We have also asked the township for comment, but have not yet received a response.
