A judge's ruling in favor of the developer behind the proposed Silver Maple Solar project is adding a new layer to the ongoing debate over the development, as Ottawa County commissioners prepare to discuss the project Friday morning.
Ottawa County Circuit Judge Jon Hulsing ruled Wednesday, Oct. 14, that RWE Solar Development properly exercised its lease options for 562.8 acres of land owned by members of the Smallegan family. The property accounts for roughly 30% of the proposed solar project's footprint.
The ruling resolves a key dispute over whether RWE properly notified the family that it intended to exercise its options to lease the land for solar development. However, it does not give the company final approval to build the solar farm.
The Ottawa County Board of Commissioners has scheduled a work session for 9 a.m. Friday, Oct. 16, at the county's Fillmore Street Campus in West Olive. According to the meeting agenda, the Silver Maple Solar Development Proposal is the only scheduled discussion topic following public comment.
The meeting comes as the project continues to face legal and regulatory challenges, with questions about the use of agricultural land and the future of the proposed development remaining important issues for the community.
The legal dispute dates back to agreements the Smallegan family signed with RWE in November 2020. The agreements gave the company a five-year option period to study the property and exercise lease options for the proposed development.
Family members argued they understood the agreements to cover a study period rather than a commitment to allow construction and operation of a solar farm. They also disputed receiving the notices required to activate the lease options before the Nov. 19, 2025, deadline.
Following a bench trial on Oct. 8, Hulsing rejected those arguments. He found that RWE properly exercised the options and that the notices were timely delivered under the terms of the agreements.
The ruling grants RWE exclusive possession rights to the disputed property and directs the family to stop interfering with the company's rights under the agreements. It also restricts the family from participating in administrative, legislative or judicial proceedings opposing the project while the agreements remain in effect.
The judge ordered RWE to record the exercised options. A further hearing is expected to address attorney fees, with the court to determine any amount the family may be required to pay.
The Smallegan family's attorney told FOX 17 that the family is considering an appeal.
Despite the court ruling, Silver Maple Solar is not yet approved for construction.
RWE is seeking approval from the Michigan Public Service Commission for a proposed 200-megawatt solar development spanning approximately 1,900 acres in Zeeland and Jamestown townships. The company has said the project could generate enough electricity to power more than 34,000 homes.
The commission's review is a separate process from the dispute over the Smallegan family's land agreements. The court ruling addresses RWE's contractual rights to the property, while the state process will determine whether the proposed project can move forward under the applicable approval requirements.
The ruling also does not resolve other legal challenges involving the project. Zeeland Township has separately challenged the state's authority to approve certain large-scale energy developments without local control.
Friday's work session gives county commissioners another opportunity to discuss the Silver Maple proposal following the court decision.
The county's published agenda lists public comment, the Silver Maple Solar Development Proposal and adjournment. It does not specify whether commissioners will take formal action or make a decision during the meeting.
What commissioners discuss and whether they provide direction on the county's next steps could help clarify its role as the project's state review continues.
Residents can attend the work session at the Fillmore Street Campus in West Olive or follow the meeting through the county's online options.
The meeting is scheduled to begin at 9 a.m. Friday, Oct. 16.
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