A group of Marshall residents sued local officials Tuesday in a new bid to derail a massive Ford battery plant slated for the bucolic west Michigan community.
The lawsuit, filed in Calhoun County Circuit Court, is the latest effort to force Marshall city officials to recognize a citizen-led drive to reverse a local regulatory decision that allowed Ford and its partners to start work on the electric vehicle battle plant slated for a portion of the local 2,000-acre megasite.
It comes as Ford tries to quickly transition its focus to electric vehicles, an industry process marked by historically large public tax incentives and sweeping layoffs aimed at expediting the corporate shift. Michigan lawmakers are helping with the adjustment by approving hundreds of millions of tax dollars for economic development incentives, including taking the first steps this week to awarding another $120 million for the Marshall project.
A group called “Committee for Marshall — Not the Megasite” and seven area residents who filed the lawsuit oppose the plant for multiple reasons. In their lawsuit, they argue it could be “a dangerous environmental risk to the Kalamazoo River and the agricultural lands” around Marshall.
The Marshall community faces a crisis if the court rules against the residents who filed the lawsuit, their attorneys argued.
“Failure to do so would permit the City of Marshall, through the exercise of raw power, to violate its own charter and Michigan law, and silence its citizens on a matter of grave public importance,” reads a lawsuit.
Marshall City Manager Derek Perry said the city is prepared to vigorously defend its position in court.
“We know there is broad community support for this project, and we remain excited about the potential of the BlueOval Battery Park to create thousands of local jobs including jobs for young people, so they aren’t forced to leave our area to find opportunities,” Perry said in an emailed statement.
Hannah Ooms, a Ford spokesperson, referred comment on the lawsuit to Marshall city officials.
“As we continue to move forward in developing the site, we are committed to creating great jobs and making a positive difference in the Marshall community,” Ooms said.
Learn the background:Ford reveals key details of 950-acre battery plant deal in Marshall
Many Marshall city officials welcome the project, noting Ford promises to invest $3.5 billion and create 2,500 new jobs. But in order to facilitate the new deal at this specific site, the city had to rezone land previously used for farming.
Those fighting the plant want to put that zoning change to a local vote. They’ve tried to do that through a petition process, collecting signatures in an attempt to let residents vote to reverse or keep the changes and other local laws needed to use the land for the project.
While Ford and Michigan government officials champion the project and tout local buy-in, contentious local meetings and this coordinated effort to nix the plan suggest at least a modicum of opposition. In fact, a local planning commission also voted against rezoning more than 700 acres for the project.
Marshall City Council ignored the recommendation, voting in favor of the zoning change after a five-hour meeting marked by vocal opposition to the change. Shortly thereafter, the committee submitted paperwork it said included more than 800 signatures of qualified local voters, in an effort to let residents vote on the zoning changes.
But the Marshall city clerk rejected the petition, suggesting fewer than 140 signatures were actually valid.
“The BlueOval Battery Park Michigan project enjoys widespread public support,” said Jim Durian, leader of the local economic development authority, after the clerk’s decision.
The lawsuit wants the court to overturn the clerk’s decision, forcing the city to either accept the petition or declare laws related to the zoning changes invalid.
“The (committee and others suing) feel that local elected officials in the City of Marshall are now purposely blocking resident voices by declaring the referendum petition insufficient. That ends today,” reads a news release issued Tuesday by the committee.
Important to know:How Michigan decides to spend lots of public money on economic development deals
Gov. Gretchen Whitmer and the Democrat-controlled state Legislature have allocated billions of dollars to this and other electric vehicle plants across the state. While Republicans generally support public incentives in recent years, they have coalesced around opposing additional incentives championed by their political rivals.
On Tuesday, a crucial Michigan House committee voted to provide another $120.3 million to help with site readiness at the project; the comparable Senate committee still needs to approve the funding. The House moves comes after lawmakers already sent $629.7 million for comparable expenses, like installing roads and other infrastructure, plus a separate award of $210 million.
Additionally, a key Michigan board approved a 15-year Renaissance Zone in the area estimated to save Ford $772 million in taxes. The zone still requires approval at the local level. City officials are also expected to approve a property tax abatement worth $52 million.
In total, that’s almost $1.8 billion in taxpayer-funded incentives for the project. State Rep. Ann Bollin, R-Brighton, echoed the concerns of many who oppose the plant Tuesday after she voted against the latest round of state money for the site.
“The people of Michigan are getting a horrible return on investment. The state is spending $1.8 billion to create 2,500 mediocre-paying jobs. That’s $720,000 per job — and most of these jobs only pay $41,600,” Bollin said.
“I can’t understand why (the Michigan Economic Development Corporation is) so eager to cough up close to $2 billion for one company when our local roads are crumbling and the state has billions of dollars in debt and other constitutional obligations.”
The MEDC is a quasi-public state entity in charge of coordinating economic development projects in Michigan. Spokesman Otie McKinley said late Wednesday the agency is confident the project will still move forward.
Free Press staff writers Phoebe Wall Howard, Clara Hendrickson and Jamie Lareau contributed to this report.
Contact Dave Boucher: dboucher@freepress.com and on Twitter, @Dave_Boucher1.