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Another Great Win In The Winery Lawsuit
We have more excellent news to share in the winery lawsuit. Recall that last week we reported the good news that the 6th Circuit Court of Appeals granted PTP intervener status, reversing the lower court’s prior denial of PTP’s intervention last October. PTP is now a party in the winery lawsuit.
Our current good news is that, on August 23rd, the same appellate court again reversed the lower court, this time voiding the order that barred the township from enforcing its winery ordinances. While litigation proceeds in the case, the wineries must abide by the ordinances that have been on the books for decades. Ironically, they are suing to overturn the very winery ordinances they helped craft. The results they are suing for – late hours, outdoor amplified music, events centers, restaurants and bars – would be disastrous to the peace and enjoyment of Peninsula Township citizens, and would indelibly alter the very soul of the township.
In addition, what this latest news means is that PTP now has the green light from the appellate court to make our case defending the ordinances. Next, in light of these appellate court decisions, the district court will consider how to proceed with discovery and other defenses. First up is PTP’s argument that the winery zoning rules are not preempted by state liquor laws, and this is a state and local matter that is not proper for a federal court to decide. PTP’s defense was filed this week, and the wineries must respond later in September.
While the litigation still has a ways to go, we believe more strongly than ever that the legal merits in this case are squarely on our side, and we will prevail. PTP will vindicate our rural agricultural heritage that defines the character of Peninsula Township.
To our donors and supporters, THANK YOU!!! This recent success is the result of your involvement. PTP needs your support and financial help to continue the fight. This is a battle for the future of Old Mission Peninsula.
Your tax-deductible donation may be made to: Preserve Old Mission Peninsula, POB 1529, Traverse City, Michigan 49685 --- You may also donate online at https://protectthepeninsula.com/donate/
(please note that online donations incur a fee to PTP).
Thank you,
Your neighbors from Protect the Peninsula
P.S. We are happy to answer any of your questions about the lawsuit, PTP’s role in the fight, and to provide copies of court decisions. You can email us at info@preserveoldmission.org
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