MARSHALL, Mich. (Michigan News Source) – A Calhoun County Court served  the ruling that denied a group of Marshall residents seeking  a hold on a zoning ordinance that if granted a referendum would delay development of the Ford Blue Oval Battery Park Project. 

Judge William Marietti of the 37th Circuit Court in Calhoun County provided a written opinion articulating why ultimately, the petitioners were not granted a preliminary injunction to a rezoning ordinance which allotted several hundred more acres of land to Ford’s project.  

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“The petitions’ arguments regarding the balancing of harm to the respective parties and public interest factors rests on the fulcrum that assumes the court will find the referendum petition should be advanced to the council for repeal or placement on the ballot,” he wrote in an opinion, “Since the court has not made that finding, the petitioners have failed to persuade the court that the balancing of harm  to the respective parties and public interest weigh in favor of granting the relief requested. Accordingly, the motion is denied.” 

Members of the Committee for Marshall – Not the Megasite expressed their disappointment for the results of the case. 

“We are disappointed with the Court’s ruling yesterday which completely failed to address the constitutional issues we raised and instead decided that the City can ignore its own charter to put an appropriation into the ordinance specifically designed to strip away our rights,” the committee said in a statement. 

The group also indicated that it would not stop in its efforts for legal recourse after the judge’s decision. 

“We believe the Court made many legal errors in its order and will have a chance to show the Court why it was wrong at the next hearing on the mandamus petition,” the statement continued, “We are also considering our appeal options at this time.” 

At the previous court date from July 12, there were five parties seeking an intervention to join in the case, but only the Michigan Area Economic Development Alliance (MAEDA) was granted the right of intervention to join ​​the defendants which are the City of Marshall, and City of Marshall Clerk, Michelle Eubank, who did not grant the group a letter of sufficiency for the petition.

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CEO for MAEDA, Jim Durian, has applauded the court’s decision which would allow for continued building. 

“We applaud the court for helping to ensure this vital economic development opportunity will continue to move forward in the weeks and months ahead,” Durian said. 

While the court’s decision does offer a stumbling block, the prosecution is seeking what an appeal process might look like. 

For more about the previous court hearing, read here.