LANSING, MI (WTVB) – The BlueOval Battery Plant in Marshall continues to take shape as the Michigan Court of Appeals has affirmed the dismissal of a lawsuit challenging Ford’s facility where the manufacturing of electric vehicle batteries is scheduled to start in 2026.
After a hearing was conducted last Thursday, the judges backed Calhoun County Judge William Marietti ruling that the opposition group “Committee for Marshall – Not the Megasite” did not take correct legal steps when they challenged the rezoning.
The citizens group filed suit last year after their petition to force a community vote on the rezoning of 700 acres of land between 13 and 15 Mile Roads for the electric vehicle battery factory was ruled insufficient.
They filed an appeal after the lawsuit was thrown out by Marietti. Some are expecting the legal battles to go all the way to the Michigan Supreme Court.
The “Committee to Save Marshall, Not the Megasite” sued the city, arguing Marshall did not consider the community’s concerns when it came to the megasite. The lawsuit stated the group was against bulldozing the former farm land.
Backers say the battery factory is expected to create 1,700 jobs. Marshall Area Economic Development Alliance Chief Executive Officer Jim Durian said in a statement, “Our elected officials and local leaders in Marshall are always thinking about what’s best for our community and that’s why they took action and followed the letter of the law to create a campus that will create thousands of jobs. This project is already having an impact on our community with dozens of construction workers visiting our area businesses, eating at our restaurants and staying at our hotels.”
Your reporting of this Court of Appeals case is not accurate and biased because the article was based on one from the City of Marshall’s website. There is another side to this story also. Reporting from a biased source as “news” is a lazy way to do news reporting. Here is another side to the story from the Committee for Marshall – Not the Megasite:
PRESS RELEASE – for immediate release
Date: June 20, 2024
CONTACT: Commi6ee for Marshall – Not the Megasite Website: h6ps://committeeformarshallmi.com
Email: CommitteeforMarshall@gmail.com
Appeals Court Decision Denies Marshall Voters the Right to Referendum on Marshall Megasite Zoning
Committee’s Reactions to the Court’s Decision
Marshall, Mich.—In a stunning blow to Marshall city voters, the Michigan Court of Appeals has ruled
against the Committee for Marshall—Not the Megasite. It upheld the lower’s court’s decision denying
their right to referendum on the rezoning of the parcel for the “megasite,” in a June 18 wri6en
decision.
The Court ruled the remedy called mandamus (an order by a court to direct the city clerk to perform
a clear legal duty) was not something voters were entitled to, grounding its decision on the
existence of an alternative remedy—an “administrative appeal.”
The Committee for Marshall—Not the Megasite disagrees with the Court’s conclusion and believes it is
counter to several court precedents, which were not cited by the three-judge panel. The Committee
had argued, based on those previous court decisions, that clerks cannot make legal decisions on the
contents or substance of the petition (which in this case was the ordinance text), but only on the
form of the petition.
Robby Dube, of the firm Ekland and Blando, who presented the oral arguments to the Court, said of
the decision: “By holding that mandamus is not the proper remedy to address the City Clerk’s action
here, an argument the City never raised before until after the final circuit court oral argument, the Court of
Appeals has overturned over a century of precedent.”
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he Court also ruled the appropriations clause inserted to the zoning ordinance was “incidental” to
the main purpose of the ordinance and that the appropriations did not violate the Marshall City
Charter. The Court ruled the Committee had legal standing to challenge the City’s decisions,
including the right to challenge the added appropriations.
The Committee believes the Court misinterpreted the City Charter to mean the City has veto power
over referendums, and that that could not have been the intent of the charter drafters.
Holly Harnden, a Committee member and City of Marshall resident, who collected signatures for this
referendum petition and previous referendum petition efforts in Marshall, is surprised at the Court’s
assessment that the Committee “worked to stop the development” and that the City had the right to
insert an appropriation preventing a vote. She explained, “No, what we have been working for is the
people’s right to vote on a zoning ordinance, when zoning ordinances never should have
appropriations attached to them.”
“This decision definitely puts Marshall City voters’ future rights at risk. If ‘incidental’
appropriations are interpreted by the courts as being allowed by the City Charter to be inserted
into any city ordinance, the people of Marshall effectively have no right to referendum,” said
Committee member Regis Klingler. “And that’s exactly what the City did here.”
Diane Kowalske, one of the Committee’s circulators who gathered signatures, said, ”I am disappointed
with the COA ruling, but am extremely proud of the grassroots group of citizens who has fought long
and hard for Marshall voters’ right to vote on the issue. Our legal team is amazing. We move
forward knowing we did what was right.”
The Court also dismissed the Michigan Economic Development Corporation and Michigan Strategic Fund’s
cross-appeal for lack of jurisdiction. As a grassroots, community-based group of residents, the
Commi6ee successfully fought deep-pocketed development interests (Ford Motor Company, the MEDC,
MSF, and an industry dark- money commi6ee) from intervening in the case, whose efforts were to
complicate the case and burden the residents
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with high legal fees, with only one of the five attempted intervenors, Marshall Area Economic
Development Alliance (MAEDA) allowed in to the case. MAEDA’s arguments, which focused on the
Committee’s standing, all failed.
The Committee has 42 days from the date of the decision to seek leave to appeal to the Michigan
Supreme Court. The Committee is taking it under consideration with its legal team, and welcomes
continued community support.
The 25-page decision can be found on the Court of Appeals website here:
h6ps://www.courts.michigan.gov/49dbe2/siteassets/case-documents/uploads/
opinions/final/coa/20240618_c369603_101_369603.opn.pdf
The case number is: 369603
The Committee’s attorneys contact info:
Robby Dube, Eckland and Blando, 612-236-0160, rdube@ecklandblando.com Ellis Boal, Michigan attorney,
231-547-2626, ellisboal@voyager.net
Committee for Marshall—Not the Megasite
Donation checks to the “Committee for Marshall – Not the Megasite” to cover legal and election
expenses can be sent to P.O. Box 641, Marshall, MI 49068.
Website and online contributions: https://committeeformarshallmi.com/ Facebook:
h6ps://www.facebook.com/committee-for-marshall-not-the-megasite Email: CommiteeforMarshall@gmail.com
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