Group pushing for citywide vote on Ford plant rezoning appeals lawsuit dismissal

MARSHALL — A group of residents pushing for a citywide vote on rezoning tied to Ford Motor Company's planned electric vehicle battery plant is appealing the dismissal of its lawsuit.

The Committee for Marshall – Not the Megasite this week filed an appeal with the Michigan Court of Appeals after Circuit Judge William Marietti dismissed the group's lawsuit against the City of Marshall and Marshall Area Economic Development Alliance on Jan. 10.

Committee members originally filed the lawsuit last year, arguing the city and city clerk Michelle Eubank inappropriately rejected their petition seeking a citywide vote on Ordinance # 2023-08 — which effectively rezones 741 acres of the Marshall Megasite in support of the Ford project, BlueOval Battery Park Michigan.

"The Committee feels the judge has made several errors in his rulings, and as such makes the ruling open for a successful appeal," Marshall resident and committee member Regis Klingler told the Enquirer Jan. 10, hours after Marietti dismissed the group's lawsuit.

"Our opponent is not Ford in our case," Klingler continued. "We are not opposed to development in the right location and the right size and type. The real question in our case is do the people have a right to have a say in this decision and the right to circulate petitions can't be restricted by the city."

Jim Durian, CEO of the Marshall Area Economic Development Alliance, remains confident the courts will allow this "once-in-a-generation project" to move forward.

“Ford’s BlueOval Battery Park Michigan is already creating local jobs, investment and opportunities across our region. Hundreds of workers have been hired, new customers are visiting local businesses and spending money at our stores," Durian said in a statement Thursday. "We are watching with excitement as the steel goes up on this innovative facility that will create new career pathways for young people in the Marshall area. The opposition has already had its day in court, with multiple hearings, and the court has consistently ruled in our favor. Ongoing litigation does not help us move forward as a community. We remain confident the Court of Appeals will affirm the lower court’s decisions and allow this once-in-a-generation project to move forward and bring new jobs and investment to the region."

The Marshall City Council on May 1 unanimously approved a request to rezone 741 acres of the Marshall Megasite to Industrial and Manufacturing (I-3) Zoning, marking a key step forward in Ford's plans to build the EV battery plant on a portion of the Marshall Megasite. The 2,000-acre parcel southwest of the I-94/I-69 interchange in Marshall Township has been considered for decades as a potential destination for a large-scale manufacturing operation.

The Committee for Marshall — Not the Megasite subsequently submitted more than 800 petition signatures to Eubank on May 30 in hopes of triggering a citywide vote on the rezoning request. The number of signatures collected was well above the 10% threshold of about 580 signatures required by the city charter.

In a June 16 letter, Eubank indicated the targeted ordinance, in this case the rezoning of 741 acres of the Megasite, is not subject to a referendum or vote because the ordinance amendment approved by the city council included appropriations of $40,000 for site plan review services and $250,000 for building inspection services for the development of the proposed project. Such appropriations make the ordinance amendment ineligible for referendum under Article V, Section 5.01(b) of the city charter.

Eubank added the petition lacked the minimum number of valid signatures to place the measure on the ballot, in large part because the bulk of signatures were obtained by circulators that were not part of the five-member petition committee. Committee members claimed they were unaware of this requirement and argued the city charter does not explicitly state that only committee members can collect signatures.

"The Committee knows an appeal is not only important in THIS case, but for future citizen referendums everywhere, not just in the City of Marshall," committee members wrote in a joint statement Thursday. "If the Circuit Court’s ruling stands, the City of Marshall could effectively eliminate the referendum right by simply putting in an appropriation. This appeal is also important so that the city can't restrict who can circulate a petition to just five people on the petition committee."

Ford initially promised 2,500 new jobs and a $3.5 billion investment when announcing the project last February. The automaker then instituted a two-month pause on its own work at the Marshall site in September amid the UAW strike.

In November, Ford indicated it would be reducing its commitment to the Marshall-area EV battery facility by 800 jobs and more than $1 billion, moves that company officials said will reduce the plant's production capacity by roughly 40%. State officials have indicated incentives for the project will likewise we revised in accordance with the new investment parameters.

Construction of the plant continues, with production of lithium iron phosphate batteries expected to begin at the plant in 2026.

Contact reporter Greyson Steele at gsteele@battlecreekenquirer.com

This article originally appeared on Battle Creek Enquirer: Group pushing for citywide vote on Ford rezoning appeals lawsuit dismissal