EAST LANSING, Mich. (Michigan News Source) – In the wake of the Eagle Township Board Supervisor’s court battles, the Mackinac Center for Public Policy has filed a lawsuit against Michigan State University over its failure to provide information about the use of land for the prospective Megasite to be built in the township producing EV Batteries.
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The policy group sued the university for more information about the land that MSU owns, after an initial Freedom of Information Act request was returned without the information that the Mackinac Center was seeking.
A majority of the land in question, roughly 1200 acres, was bequeathed to MSU which was formerly owned by farmers David and Bettey Morris of Morris Farms. Part of the controversy of the proposed megasite, is that the land is zoned “A2 agricultural preservation” which would mean that it is designed to “conserve and protect farm operations. It would have to become re-zoned, a decision that rests with Clinton County.
According to Steve Delie, Director of Transparency and Open Government at the Mackinac Center for Public Policy, which previously issued a similar lawsuit in late February, this lawsuit differs.
“This lawsuit specifically focuses on the transparency surrounding the project,” Delie said in an email to Michigan News Source, “The Mackinac Center is attempting to obtain the underlying legal documents that would show the scope of MSU’s authority to sell the property, as well as any conditions on that authority.”
As part of the lawsuit, the center is suing because it believes that MSU did not grant enough information regarding the property, and issued only a “small amount of information” and was “heavily redacted” according to MCPP.
“It’s unfortunately very common to see redactions applied in an overly broad way in Michigan,” Delie said in an email, “Excessive redactions like these make it difficult, if not outright impossible, for citizens to effectively hold government accountable on matters of significant public interest.”
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Furthermore, the Center contended that this case is a demonstration of the core problem with the state’s FOIA law.
“Through excessive delays, excessive fees, and excessive redactions, Michigan government routinely creates unnecessary and illegal obstacles to transparency,” Delie said in the email. Michigan’s FOIA should be reformed to ensure that our citizens have access to the information they need to meaningfully participate in the democratic process.”
Like advocates for other megasite developments in the state, those helping spearhead the Eagle Township development argue it’ll help advance Michigan.
“These mega sites are being assembled in order for us to catch up and surpass our competitors for economic development opportunities. These types of sites can be where major investments that attract jobs of the future in high-tech manufacturing, including semiconductors, battery manufacturing and electric vehicles are able to locate,” Josh Hundt, Chief Officer for the Michigan Economic Development Corporation (MEDC) said.
Others who are closer to the site, don’t always share the same enthusiasm, including Cori Feldpausch, who neighbors the property and is working to oppose its progress.
“We do not have all of the facts. We know there was an agreement that the property would be used for agricultural purposes for 25 years after the agreement was made,” Feldpausch told Michigan Capitol Confidential. “We do not know if this contract allowed MSU to sell the property to another entity that could then use it for something other than agriculture. Or if the contract stipulates even if sold it has to be used by that entity for the same purpose. At this point, why are they not just disclosing all of the details for transparency and clarity?”
According to the Mackinac Center, MSU still has not responded for comment, and they don’t expect one in the coming weeks.
Michigan News Source has also submitted a FOIA request to MSU, and is reviewing their response.
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