An Update From PTP On The Winery Lawsuit

Below is an update since we last communicated about the local wineries’ lawsuit to nullify parts of the Township winery ordinances.  Over the past several months, significant activity has occurred with the wineries’ lawsuit against Peninsula Township.

By way of background, the wineries sued the Township in federal court in October 2020. Based on dubious constitutional and state law legal arguments, they seek to nullify long-standing Township zoning that establishes hours of operation, and restricts restaurant service, outdoor music, weddings, and other non-farm-related commercial activity. 

The ordinance was written to ensure that wineries foster thriving agricultural activity in the Township, while minimizing non-agricultural commercialism. All winery activities occur on agriculturally-zoned property, not commercially-zoned land. The wineries agreed to the ordinance provisions as a pre-condition of being allowed to establish their operations in the first place. Now, they want to back out of that agreement by selectively voiding the provisions that minimize non-agricultural commercialization.
Here’s a rundown of legal events since the fall:

October, 2021:

• The Township Board held a public meeting to hear from residents about the winery lawsuit demands.  Over 200 people attended, overwhelmingly speaking in support of protecting our rural character, which could be destroyed if the wineries win the suit.
   
• Voting unanimously, the Township Board rejected a settlement proposed by the wineries.
   
• The court denied PTP’s request to intervene in the lawsuit. We believe the law supports intervention; courts have long recognized the interests of neighbors and associations to intervene in a lawsuit that threatens to change long-standing zoning provisions that neighbors and others reasonably rely upon. Early in January, PTP filed an appeal in the 6th Circuit Court of Appeals. Our appeal is pending; it could be several months before a court ruling.

November, 2021

• Despite the Township’s denial, the wineries maintained that the Township had actually agreed to the aforementioned settlement in secret negotiations. They petitioned the court to enforce the supposed agreement, but the court refused.  However, the court ordered the Township to pay approximately $17,000 for a portion of the wineries’ legal costs.

January, 2022:

• The wineries and the Township tried, again unsuccessfully, to settle in mediation in Grand Rapids.
   
• The wineries asked the court to rule on its constitutional legal claims against the Township. They had already asked the court to rule on their claim that they are exempt from local zoning regarding restaurants, hours of operations, amplified music, and other activities.  We see all of these claims as legally unsupported, and carrying far-reaching impacts.  The Township has filed its defenses to those claims.  We now await rulings on all these motions.

Other Township events:

• In October, the Township Board formed a citizens’ committee to advise on revising the current agricultural ordinance.  The Agricultural Advisory Committee is comprised of 3 PTP Board members, 2 Township Board members, 3 members of the non-winery farming community, 5 community members at large, and 3 winery members (who have not participated to date).  These bi-weekly meetings (upcoming February 10 and 24,  March 10 and 24, all at 10:00am) are open to the public, and public comment is encouraged. Good progress is being made to create an ordinance that is clearer and easier to enforce. 
   
• Pending revisions of the ag ordinance, the Town Board voted to place a six month moratorium on Special Use permits and amended special use permits in the agricultural zone. This includes Winery chateau’s.

 
Waging a legal battle has been compared to wading through chest high mud—it can be agonizingly slow.   As things develop, we will continue to provide you with updates.
 
In the meantime, we are immensely grateful for your support and the generous support of hundreds of others like you who back this all-important fight to protect the quality of life in Peninsula Township.
 
Court filings are available to read in full at PTP’s website here: https://protectthepeninsula.com/resources/