Court of Appeals agrees to expedite appeal challenging rezoning tied to Ford EV plant

The Michigan Court of Appeals is formally accelerating its consideration of a legal challenge to rezoning tied to Ford Motor Co.'s BlueOval Battery Park Michigan near Marshall.

On Tuesday, the Court of Appeals granted the Committee for Marshall - Not the Megasite's motion to expedite its appeal in its case against the city of Marshall, City Clerk Michelle Eubank and the Marshall Area Economic Development Alliance. Committee members originally filed the lawsuit last year, arguing the city and Eubank inappropriately rejected their petition seeking a citywide vote on Ordinance # 2023-08 — which effectively rezones 741 acres of the Marshall Megasite in support of the Ford project.

The city, Eubank and MAEDA must respond in the case by March 15, according to court documents.

“This is great news for the voters of Marshall,” Gretchen Esser of the Committee for Marshall - Not the Megasite said in a statement. “We’ve always said, our case is an election law case, and now the Court of Appeals shows it agrees. It was critical that the court take up the issue as soon as possible so that we can vote on the referendum on the zoning ordinance this November. We are thrilled with this early win.”

The Committee filed its appeal with the Michigan Court of Appeals in early February after Circuit Judge William Marietti dismissed the group's lawsuit against the City of Marshall and MAEDA on Jan. 10.

"Technically, all the Court of Appeals had to do (in granting the motion to expedite) was agree to issue a decision by an earlier date than it normally would, but the court went out of its way to significantly shorten the briefing schedule," Robby Dube, attorney for the Committee for Marshall - Not the Megasite, explained Wednesday. "Normally, the city and MAEDA would have had 35 days to respond; the court shortened that to 14 days from date of service, which was March 1. We then would normally have 21 days to file a reply; that was shortened to seven days. The court then made clear it will not extend briefing time."

The Michigan Economic Development Corporation and the Michigan Strategic Fund, meanwhile, are appealing Marietti's denial of their motions to intervene in the case. The Court of Appeals has set that for a fast briefing schedule as well, with MSF/MEDC’s brief due March 19.

"By granting our motion, the court is saying clearly that it agrees that this case is an election law issue, and that it agrees that timing is of the essence," Dube said.

On the heels of the Committee's appeal filing in February, MAEDA CEO Jim Durian told the Enquirer that he remains confident the courts will allow this "once-in-a-generation project" to move forward.

“Ford’s BlueOval Battery Park Michigan is already creating local jobs, investment and opportunities across our region. Hundreds of workers have been hired, new customers are visiting local businesses and spending money at our stores," Durian said in a statement Feb. 8. "We are watching with excitement as the steel goes up on this innovative facility that will create new career pathways for young people in the Marshall area. The opposition has already had its day in court, with multiple hearings, and the court has consistently ruled in our favor. Ongoing litigation does not help us move forward as a community. We remain confident the Court of Appeals will affirm the lower court’s decisions and allow this once-in-a-generation project to move forward and bring new jobs and investment to the region."

The Marshall City Council on May 1, 2023 unanimously approved a request to rezone 741 acres of the Marshall Megasite to Industrial and Manufacturing (I-3) Zoning, marking a key step forward in Ford's plans to build an electric vehicle battery plant on a portion of the Marshall Megasite. The 2,000-acre parcel southwest of the I-94/I-69 interchange in Marshall Township has been considered for decades as a potential destination for a large-scale manufacturing operation.

The Committee for Marshall - Not the Megasite subsequently submitted more than 800 petition signatures to Eubank on May 30 in hopes of triggering a citywide vote on the rezoning request. The number of signatures collected was well above the 10% threshold of about 580 signatures required by the city charter.

In a June 16 letter, Eubank indicated the targeted ordinance, in this case the rezoning of 741 acres of the Megasite, is not subject to a referendum or vote because the ordinance amendment approved by the city council included appropriations of $40,000 for site plan review services and $250,000 for building inspection services for the development of the proposed project. Such appropriations make the ordinance amendment ineligible for referendum under Article V, Section 5.01(b) of the city charter.

Eubank added the petition lacked the minimum number of valid signatures to place the measure on the ballot, in large part because the bulk of signatures were obtained by circulators that were not part of the five-member petition committee. Committee members claimed they were unaware of this requirement and argued the city charter does not explicitly state that only committee members can collect signatures.

“What it comes down to is our constitutional and city charter right to refer ordinances and put them up for a vote of the people," explained Jim Sleight of the Committee for Marshall - Not the Megasite. "The city clerk can’t take that away from us.”

Ford initially promised 2,500 new jobs and a $3.5 billion investment when announcing the project last February. The automaker then instituted a two-month pause on its own work at the Marshall site in September amid the UAW strike.

In November, Ford indicated it would be reducing its commitment to the Marshall-area EV battery facility by 800 jobs and more than $1 billion, moves that company officials said will reduce the plant's production capacity by roughly 40%. State officials have indicated incentives for the project will likewise be revised in accordance with the new investment parameters.

Construction of the plant continues, with production of lithium iron phosphate batteries expected to begin at the plant in 2026.

Contact reporter Greyson Steele at gsteele@battlecreekenquirer.com

This article originally appeared on Battle Creek Enquirer: Court of Appeals agrees to expedite appeal challenging Ford EV plant