After a year of meetings debating RWE’s 1900-acre Silver Maple solar project pushed to be sited across Zeeland and Jamestown Townships, this spring and summer have been all about court proceedings.

The backdrop of support for the local battle has been a similar, statewide case—Foster Swift’s representation of 79 Michigan Municipalities against Public Act 233 to take back local control.

What kickstarted Zeeland and Jamestown’s entrance into the legal realm was RWE officially bypassing the two municipalities and filing the solar application with the State—the Michigan Public Service Commission (MPSC). Since then it’s been a ping pong of moves—RWE vs the townships. And not just moves by the township boards, but also by the tenacious residents who banded together and led the charge into battle.

April 3: RWE filed the application with the MPSC.

April 17: Zeeland Township filed a petition to intervene in the contested case proceedings.

April 24: Jamestown Township also filed a petition to intervene.

Early May: Zeeland and Jamestown Township residents began submitting comments to the MPSC opposing the application.

On May 7, the Michigan Court of Appeal released the decision on the statewide case. According to Foster Swift, the Court “correctly struck down two portions of the MPSC’s October 10, 2024 Order, but upheld two others.” The first portion that favored the townships dealt with timelines. The second portion was on the acknowledgement that the County must be included in the definition of an Affected Local Unit (ALU). This particular ruling had implications for the local case, but the effects would not be seen until July.

The jockeying continued at the local level.

Mid-May: Zeeland Township residents initiated a petition to intervene.

June 12: RWE sued a Zeeland farm family for property rights needed in the project.

June 15: Residents formed the Zeeland-Jamestown Preservation and Legacy Coalition and partnered with a law firm, later holding a fundraiser and bringing in $11,000 to offset legal fees.

June 25: A hearing determined which of the “permissive” intervenors would be allowed to be part of the application process through the MPSC. Those chosen would be represented by the Coalition’s attorney before the MPSC.

By July, the effects of the Court of Appeals’ ruling began to be seen.

July 1: RWE officially requested to pause the approval process in order to evaluate how to respond to the Court of Appeal’s decision. The MPSC granted the request, and the case was put on hold until RWE decides how it will move forward.

July 3: Attorney David Delaney, on behalf of Intervenors Smallegan, filed a motion to dismiss RWE’s application due to RWE failing to include the County in the process. According to the Court of Appeal's May ruling, failure to include the County could mean the application wasn’t properly submitted.

July 6: The motion to dismiss was stayed, and as long as the project is suspended, the dismiss won’t be considered. Everything came to a halt waiting to see whether RWE would start over with the application or continue with the one that has been filed.

On July 7, not waiting for RWE’s next move, Zeeland Township filed a complaint against RWE which reads as follows:

Today Zeeland Charter Township filed a complaint in the Ottawa County Circuit Court against Silver Maple PV, LLC, RWE Americas Services, LLC, and RWE Solar Development, LLC, challenging the constitutionality of Public Act 233 of 2023.

The lawsuit asks the Court, among other relief, to declare Public Act 233 unconstitutional under Article 7, Section 29 of the Michigan Constitution. The Township contends that Public Act 233 unconstitutionally preempts local control over the regulation of wind, solar, and energy storage facilities by infringing on certain rights that the Michigan Constitution reserves to local governments.

“For generations, Michigan has recognized that local governments are best equipped to make decisions about matters that directly affect their communities,” said Township Supervisor Kerri Bosma. “Public Act 233 departs from that constitutional tradition by transferring local decision-making authority to the state. Through this lawsuit, the Township seeks to uphold the constitutional principle of local control.”

Michigan has long embraced the principle of local control, recognizing that local governments—those closest to the people they serve—are best positioned to make decisions on matters of local concern. This principle is enshrined in the Michigan Constitution and reflects the longstanding understanding that decisions affecting a community should be made by the people and elected officials who know that community best. The Township believes Public Act 233 represents an unconstitutional departure from that tradition and seeks to reaffirm the constitutional protections afforded to local governments under Article 7, Section 29 of the Michigan Constitution.

While Zeeland waits to hear from the Circuit Court, Foster Swift attorneys wait to hear whether the Michigan Supreme Court will hear their case and “finish the job” by passing the remaining two requests to “balance meaningful local control with state energy goals.”

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