The legal fight surrounding the proposed Silver Maple Solar project reaches another important point Thursday, as a lawsuit involving one of the project’s largest groups of landowners heads to trial in Ottawa County Circuit Court.

A bench trial is scheduled for 11 a.m. Thursday, Oct. 8, before Judge Jon Hulsing. The case pits RWE, the developer behind the proposed solar project, against members of the Smallegan family, whose property represents roughly 30% of the land included in the proposed project.

At the center of the lawsuit is a dispute over access to that property.

RWE claims members of the Smallegan family entered into lease agreements allowing the company access to their land, but later refused to allow project representatives onto the property. The Smallegans have disputed RWE’s claims and previously asked the court to dismiss the lawsuit. Hulsing denied that request at a Sept. 18 hearing, allowing the case to move forward to trial.

Because this is a bench trial, Hulsing, rather than a jury, will hear the evidence and decide the case.

And while Thursday’s case is technically a dispute over leases and property access, the outcome could have much larger implications for Silver Maple.

Why the Smallegan property matters

RWE is proposing a 200-megawatt solar facility across roughly 1,900 acres in Zeeland and Jamestown townships. The project’s MPSC application identifies approximately 1,914 acres of participating land, with about 1,431 acres expected to be disturbed and 1,127 acres fenced for the facility.

The Smallegan family controls property accounting for roughly 30% of the proposed project area, according to RWE officials.

That makes the lawsuit more than a disagreement over whether RWE can inspect or access individual parcels.

If RWE cannot secure access to the Smallegan property, questions could remain about whether the proposed project can be developed in the form currently presented to state regulators.

Thursday’s trial will not, by itself, decide whether Silver Maple gets built. That decision is part of a separate regulatory process before the Michigan Public Service Commission.

But the property dispute is taking place at the same time that the project is working its way through that process, making the outcome worth watching for anyone following Silver Maple.

The project is back before the state

RWE recently withdrew its original Silver Maple application and refiled it with the MPSC under the same docket, U-22071.

The refiled proposal remains a 200-megawatt project spanning agricultural-zoned land in Zeeland and Jamestown townships. FOX 17 has reported the project's estimated cost at $300 million. RWE describes Silver Maple as a 200-megawatt clean-energy project intended to provide electricity for more than 34,000 homes.

The MPSC currently lists case U-22071 as open, with Silver Maple under review.

The project is being reviewed under Public Act 233, a 2023 law that created a state-level siting process for certain large renewable energy projects.

That law has become a major part of the broader Silver Maple fight.

Zeeland Township has challenged the constitutionality of the law, arguing that it improperly removes local control over large energy projects. RWE had the township's lawsuit moved from Ottawa County Circuit Court to the U.S. District Court for the Western District of Michigan. Zeeland Township has since asked the federal court to send the case back to state court.

The township's lawsuit and RWE's lawsuit against the Smallegans are separate cases, but both are now part of the larger legal picture surrounding Silver Maple.

Ottawa County is preparing to enter the fight

There is another development to watch next week.

Ottawa County commissioners have scheduled a work session for 9 a.m. Friday, Oct. 16, to discuss the county's formal role as an intervenor in the Silver Maple case before the MPSC. County Administrator Patrick Waterman reported the upcoming discussion, and the county's meeting calendar confirms the Oct. 16 work session.

The county's potential involvement stems from a recent Michigan Court of Appeals decision that broadened the definition of an "affected local unit" under the state's renewable energy siting law.

That change opened the door for Ottawa County to participate in the Silver Maple case even though the proposed solar facility itself is located in Zeeland and Jamestown townships.

So what does the county actually gain by stepping in?

For one thing, a formal intervenor role gives the county a seat at the table in the MPSC's contested-case process. Under PA 233, affected local governments can participate in the case, present arguments and evidence, and take part in the regulatory proceedings.

The law also provides funding for local governments that participate. MPSC guidance says developers generally must provide a one-time grant of up to $75,000 per affected local unit, with a maximum of $150,000 total, to help cover costs associated with intervention.

In Silver Maple's case, the refiling triggered a $50,000 intervenor payment to Zeeland Township. That money is intended to help pay for legal, technical and professional costs related to the township's participation in the MPSC case.

For Ottawa County, the bigger question is what it chooses to do with its position.

County Board Chairman Josh Brugger previously said county officials wanted to understand what it would mean for the county to intervene and indicated the county could advocate for the townships if the project moved forward.

The Oct. 16 work session should give residents a better idea of how the county intends to use that role.

Two legal fights, one much larger question

For residents following the Silver Maple debate, it can be easy to lose track of which lawsuit is doing what.

Thursday's trial is about RWE's claims against the Smallegan family and the company's alleged rights to access property covered by its leases.

The Zeeland Township lawsuit is about whether Michigan's renewable-energy siting law is constitutional and how much authority local governments should retain over large-scale energy projects.

Meanwhile, the MPSC case is where the actual state-level decision on the Silver Maple siting certificate will be considered.

And now Ottawa County is preparing to become a participant in that regulatory process.

The result is a project that is being fought on several fronts at once: in Ottawa County Circuit Court, in federal court and before the state's utility regulator.

For now, the first question comes Thursday morning.

Judge Hulsing will hear the evidence in the Smallegan case and determine what happens next in that dispute.

Then, a week later, Ottawa County commissioners will begin considering what role the county wants to play in the larger fight over Silver Maple.

Neither meeting is expected to settle the entire solar project debate. But both could help determine what the next chapter looks like.

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