DECATUR TWP, Mich. — The Decatur Township Board of Trustees voted to follow their attorney’s recommendations on how to proceed with a lawsuit filed against them at a special meeting that was held on Wednesday.
The details of the recommendation are unknown though, because they were discussed in closed session. Trustees declined to comment to FOX 17 about the decision.
Last week, Southwest Michigan Solar Project took legal action against Decatur Township over an ordinance voters rejected earlier this month.
The company wants to build a 100 megawatt solar energy facility and a 52 megawatt battery energy storage facility, part of which would sit on 500 acres in Decatur Township. The ordinance voted on needed to pass in order for the project to move forward.
According to the lawsuit though, the project should still proceed. Attorneys argued a similar ordinance approved by trustees in 2022, which granted Southwest Michigan Solar’s request to amend zoning districts, still stands despite some clerical errors related to abbreviations.
In a statement to FOX 17, an attorney for Southwest Michigan Solar wrote:
“While we were disappointed in the outcome of the election, we remain focused on moving forward with the Southwest Michigan Solar Project. It’s important to note the project’s Conditional Use Permits (“CUPs”) in both Decatur and Hamilton Townships were unanimously approved. The August 8th public referendum vote in Decatur Township dealt with a 2023 text amendment to the Township’s existing solar ordinance and not the Project’s CUP, so the vote did not affect the validity of the permit itself. Because the project was filed under a 2022 solar ordinance that is still in effect, we are looking for the court to affirm that our CUP remains valid. Notably, our lawsuit does not currently seek monetary damages from the Township. Instead we are merely seeking Court confirmation that our CUP can proceed under the 2022 solar ordinance. We appreciate all of the support from the citizens and various stakeholders who have been with us since the beginning, and we will continue to strive to be a good neighbor in the community.”
However, some Decatur Township residents disagree. Jason West, whose house borders the proposed site, says if a judge sides with Southwest Michigan Solar, it would overturn the vote of so many people. Eighty percent of residents voted against the ordinance that was voted on in August.
“People are extremely fired up and they’re demanding that our elected board and township attorney, who's very good. I would not want to go against her in the courtroom, represent and stand up and fight for the vote of the people of this town,” said West.
A hearing for the lawsuit has not yet been set. The lawsuit court document can be found below:
