MARSHALL, Mich. (Michigan News Source) – The BlueOval Battery Plant in Marshall is advancing after the Michigan Court of Appeals upheld a key ruling recently regarding challenges to Ford’s forthcoming electric vehicle battery manufacturing facility, set to commence operations in 2026.

Legal ruling affirmed.

Following a recent hearing, judges affirmed the decision by Calhoun County Judge William Marietti, who dismissed a lawsuit brought by the “Committee for Marshall – Not the Megasite,” citing procedural errors in their legal actions against the plant’s rezoning.

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In their opinion, the three-judge panel cited the Committee lacked a “clear, legal right” to a ballot referendum in their case and said “we affirm the trial court’s decision to dismiss the Committee’s claims.”

Rezoning challenge.

The citizens’ group had contested the rezoning of more than 740 acres of land between 13 and 15 Mile Roads, where the battery factory is slated to be built. Their challenge stemmed from an unsuccessful petition to trigger a community vote on the rezoning, which was deemed insufficient.

Subsequently, after Marietti’s dismissal of their lawsuit, the group said they are looking at an appeal, hinting at potential further escalation to the Michigan Supreme Court. They have 42 days from the date of the decision to seek leave to appeal.

Community concerns.

The Committee to Save Marshall, Not the Megasite argued in their lawsuit that Marshall had not adequately addressed community concerns regarding the megasite, particularly regarding the demolition of former farmland.

Conversely, proponents of the project emphasize its potential economic benefits, including the creation of 1,700 jobs. Jim Durian, CEO of the Marshall Area Economic Development Alliance, highlighted that local officials and leaders have meticulously adhered to legal protocols to establish a campus that promises substantial job growth. He noted that the project is already stimulating the local economy, evidenced by increased business activity as construction workers frequent area establishments.

The legal affirmation from the Court of Appeals marks a pivotal step forward for the BlueOval Battery Plant, underscoring victories by megasites all over Michigan despite ongoing community debates over economic development versus environmental and community concerns.

Committee’s response.

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Committee member Regis Klinger said in a statement about the decision, “This decision definitely puts Marshall city voters’ future rights at risk. If ‘incidental’ appropriations are interpreted by the courts as being allowed by the city charter to be inserted into any city ordinance, the people of Marshall effectively have no right to referendum, and that’s exactly what the city did here.”

Another Committee member, Diane Kowalske, said, ”I am disappointed with the COA ruling, but am extremely proud of the grassroots group of citizens who has fought long and hard for Marshall voters’ right to vote on the issue. Our legal team is amazing. We move forward knowing we did what was right.”

A press release from the Committee for Marshall – Not the Megasite after the recent court decision, “The Committee believes the Court misinterpreted the City Charter to mean that the City has veto power over referendums, and that that could not have been the intent of the charter drafters.”

As stakeholders brace for potential further legal maneuvers, the future implications for both the local economy and environmental landscape remain subjects of fervent discussion and scrutiny.