DICKINSON COUNTY, Mich. (Michigan News Source) – In a setback for opponents of a proposed solar panel farm in Michigan’s western Upper Peninsula, the Michigan Court of Appeals has ruled against placing a referendum on the local ballot. This decision, released last Friday by a unanimous three-judge panel, underscores the stringent requirements of Michigan election law.
What was the petition about?
As stated in court filings, “This case arises out of Norway Township’s adoption of a zoning ordinance to regulate solar-energy facilities and an effort to put a voter referendum of the ordinance on the ballot. In November 2022, Norway Township adopted a zoning ordinance to regulate solar-energy facilities. Wickman and others began collecting signatures to hold a referendum on the ordinance.”
Technicalities trip up petition effort
WKAR reports that the controversy centers around a petition circulator, Eric Wickman, who listed his mailing addresses on forms rather than his physical residential address. Circle Power Renewables, the company behind the solar project, challenged the validity of these petitions. Norway Township officials concurred, declaring 11 of the circulator’s petition sheets invalid. With only half the needed 120 signatures left valid, the effort to put the referendum on the ballot fell short.
The legal argument.
Wickman, the plaintiff, had written “Vulcan,” an unincorporated village within Wauceda Township, as his address on the petition. Although Vulcan lies within Wauceda Township, the court found this to be a significant error under Michigan’s “strict construction” standard for election laws.
Michigan Court of Appeals Judge Noah Hood stated, “By listing the village of Vulcan, his unincorporated village of residence, instead of Wauceda, his township of residence, Wickman failed to comply with this requirement. Under the statute, this means the signatures contained on his deficient sheets are invalid.” This decision upheld an earlier ruling by the Dickinson County Circuit Court. Wickman may appeal to the Michigan Supreme Court.
Potential Supreme Court appeal.
This case highlights the exacting nature of Michigan’s election regulations and serves as a cautionary tale for future petition drives.
The ruling is a significant win for Circle Power Renewables, clearing a major obstacle to their solar farm project. For opponents, it’s a bitter reminder of the importance of meticulous adherence to legal standards in grassroots campaigns.
Local opposition to the proposed Groveland Mine Solar project, which aims to develop a 500-acre solar farm in Dickinson County, has faced opposition from residents and a group called Guardians of the Keweenaw Ridge.
MORE NEWS: Road Trip of the Week: Grosse Ile Getaway
Their concerns include potential environmental impacts and skepticism about the promised economic benefits. Despite these objections, the project has received support from various labor unions and local officials, who highlight the project’s potential to repurpose an abandoned mining site, generate renewable energy, and provide significant tax revenues and job opportunities for the area.
Charles Markham, president of the Guardians group, had attended a Norway Township meeting back in October where he summed up many of the feelings of the local residents when he said, “They’re trying to ruin the Upper Peninsula.”
Leave a Comment
COMMENTS POLICY: We have no tolerance for messages of violence, racism, vulgarity, obscenity or other such discourteous behavior. Thank you for contributing to a respectful and useful online dialogue.