Michigan Township Battles Solar Developer After Permit Denial Triggers Lawsuit

A large solar energy project near Jonesville in Hillsdale County is now wrapped up in a courtroom showdown. The company behind it wants a judge to overturn a local board's decision to say no to their plan.

Heartwood Solar II filed a complaint in Hillsdale County Circuit Court last month. They say the Fayette Township Planning Commission made the wrong call when it voted against their special use permit. The company claims the rejection was unfair, random, and based on things that had nothing to do with the rules. They point fingers at politics getting in the way and a bad reading of the township's new Compatible Renewable Energy Ordinance.

The lawsuit shares some big numbers too. The company says it has already lost more than $25,000 because it trusted the township's rules and expected a fair process. They want the judge to step in and approve the project themselves. They also want the court to call the commission's decision unreasonable and say it broke their constitutional rights.

The project itself is huge. It would cover about 1,000 acres of land. Solar panels would sit on property south of U.S. 12, west of Milnes Road, north of Moore Road, and east of the Jonesville city limits. Chicago-based Ranger Power first showed off the Heartwood Solar II idea back in December. They planned to lease land from 11 different owners and build a fenced-in solar farm on roughly 1,400 acres total.

Back in June, the Planning Commission voted 4-0 to reject the whole thing. Several commissioners who had money tied to the project stepped aside and did not vote. The people on the commission worried about farmland turning into an industrial site. Commissioner Scott Playford put it plainly, saying a vast stretch of farmland was about to become an industrial solar zone.

The commission had a long list of complaints. They did not like how property values might drop. They worried about construction messing with bus routes for students. They questioned what would happen to industrial and solar waste. They also feared the project could harm farmland, trees, and waterways during and after building.

Still, the lawsuit points out something interesting. The commission actually agreed the project followed every setback, height, noise, and fencing rule in the ordinance. That ordinance only passed earlier this year. Under state law, including a 2023 law called Public Act 233, such local rules cannot be tougher than state standards. Without those local rules, big developers could go straight to the Michigan Public Service Commission for approval instead.

Heartwood Solar II says the commission had no real proof to back up its denial. The commission chair, Jane Munson, did not respond when asked for comment. The township hired attorney Joseph Colaianne from the Lansing-based law firm Clark Hill to fight the case. He said lawyers are looking things over and getting ready to respond.

Local resident Steve Oleszkowicz helped lead the fight against the project. He said it is sad that Ranger Power chose to sue instead of accepting the community's decision. He feels residents should not feel pushed around by a big developer with deep pockets. He also pointed out the company had plenty of chances to make its pitch to the township.

The attorney for Heartwood Solar II, a limited liability company based in Delaware, did not respond to messages asking for comment. The case is still in the early stages, but it shows how messy things can get when a big energy project runs into strong local pushback and the courtroom becomes the next stop.