OTSEGO COUNTY, Mich. (Michigan News Source) – A group of Otsego County residents has filed suit against both Otsego County and German-owned RWE Solar Development, LLC, challenging the approval of a massive industrial solar project they say is illegal, unconstitutional, and potentially harmful to their health and property. The proposed project is being developed by 45th Parallel Solar, LLC, a subsidiary of RWE, based in Delaware.
The plaintiffs – multiple landowners in Hayes Township – are seeking declaratory and injunctive relief, arguing that the county improperly granted a permit for the proposed 2,025-acre solar installation despite lacking the authority to do so under Michigan law.
Local overreach?
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At the heart of the lawsuit is Michigan’s new renewable energy law, Public Act 233 of 2023 passed by Democrats in the Michigan legislature and championed by the state’s Democratic Governor Gretchen Whitmer. This legislation created a framework for permitting large-scale wind and solar projects.
Under the law, local governments had until November 29, 2024, to adopt a “Compatible Renewable Energy Ordinance” (CREO). If they failed to do so, developers instead need to apply for permits through the Michigan Public Service Commission (MPSC).
The lawsuit claims that RWE cannot simply shift gears and seek a permit from the MPSC, since none of the conditions outlined in Act 233 for state-level intervention apply. The plaintiffs are asking the court to declare the permit invalid and halt all construction until the legal issues are resolved.
A permit without a playbook.
According to the lawsuit, Otsego County failed to adopt a CREO by the state’s deadline – but approved RWE’s permit application just months later, in February 2025. The plaintiffs argue that because the county never enacted a compliant ordinance, it lacked the legal jurisdiction to approve the project.
Furthermore, they assert that RWE’s application failed to reference Act 233 or meet its requirements, including key standards related to noise, fencing, and lighting.
A constitutional clash.
Beyond zoning violations, the plaintiffs allege in the complaint that Act 233 itself is unconstitutional. They argue that the law delegates excessive legislative power to an unelected executive agency – the MPSC – without providing clear standards or limitations. According to the lawsuit, this violates Michigan’s separation-of-powers doctrine and the constitution’s “vesting clauses,” which assign specific powers to the legislative, executive, and judicial branches.
Health risks and nuisance claims.
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In addition to the legal and constitutional arguments, the plaintiffs raise concerns about public health and quality of life issues as well. They claim the industrial solar plant would create a private and public nuisance by generating excessive noise, visual blight, and possible environmental hazards.
These claims are supported by a memorandum from Dr. Remington Nevin, Medical Director for the St. Clair County Health Department, who warned that industrial solar arrays may pose a risk to rural residents due to elevated noise levels and disrupted soundscapes. While Dr. Nevin’s opinion pertains to St. Clair County, plaintiffs argue that similar risks apply to Otsego County given the nature of solar facilities and the rural environment.
Asking the court to pull the plug.
The plaintiffs are asking the Otsego County Circuit Court to do many things, including: declare that the county lacked the legal authority to issue the permit; halt all construction activity related to the solar project; declare parts of Act 233 unconstitutional due to vagueness and unlawful delegation of power; recognize the solar project as a public and private nuisance; and award attorney fees and costs.
New law lets developers override local zoning with MPSC’s blessing.
Michigan News Source contacted David M. Delaney, the attorney representing the plaintiffs. He said the entire framework of Public Act 233 was designed to fast-track solar development at the expense of local control. “The purpose of the state solar law is to guarantee local zoning approval,” he said, adding that while the law technically preserves local authority, it also sets up a structure where the state can override that authority through the Michigan Public Service Commission (MPSC) if local governments don’t comply.
The law, passed in November 2023, didn’t take effect until November 2024, giving municipalities a year to adopt a CREO. If they didn’t, the MPSC can step in despite being unelected and part of the executive branch, not the legislature. Delaney said, “In October 2024, the MPSC entered an ‘order’ that local zoning boards do not have to enact a CREO…The MPSC order allows a ‘workable ordinance.’”
Delaney went on to say, “The locals can use an existing ordinance or draft their own – as long as developer agrees. When has that been the case? A developer can reject a local zoning ordinance?”
The MPSC order, according to Delaney, “triggered the Court of Appeals (COA) lawsuit by 76 counties and townships in Michigan.
State strips local power in rush to go green.
“The state has not interfered with local zoning laws before,” Delaney noted, pointing to local control over everything from bars and restaurants to gas stations and churches. So why solar? The answer, he argues, is simple: the state’s push for 100% clean energy by 2040.
With over four million acres of public land available but politically untouchable, Delaney said the state turned to private local land, relying on developers – often backed by government loans – to secure permits from townships. When communities resisted, the state imposed deadlines, stripped local boards of meaningful review power, and inserted vague terms like “sky-friendly” with no legal definition.
Delaney’s case – titled Pletcher et al. v. RWE Solar Development, LLC and Otsego County – has been assigned to Judge Colin Hunter. Michigan News Source reached out to both the solar development and the county. RWE responded by saying, “RWE does not comment on ongoing litigation. We look forward to delivering electricity and substantial economic benefits and tax revenue to Otsego County from our investment in the 45th Parallel project.” Otsego County did not respond to our request for comment.
The outcome of the lawsuit could have far-reaching implications, not only for Otsego County but for how Michigan balances renewable energy development with local governance and constitutional safeguards.
