Judge in lawsuit over Ford battery plant slated to issue key decision by next week

A judge in Calhoun County is slated in the next week to issue a key decision in a lawsuit over Ford Motor Co.’s planned battery plant project in Marshall.

Visiting Judge William Marietti said Wednesday that he expects to have a decision on a motion for summary disposition of the case within the next week. His comments came during a hearing over a motion by the respondents, the city of Marshall and the Marshall Area Economic Development Alliance, to strike an amended petition filed by the Committee for Marshall-Not the Megasite, the group opposed to the project.

Marietti opted to delay a decision on the motion to strike the amended petition, as it could be rendered moot by his forthcoming decision on summary disposition.

The petitioners in the lawsuit are attempting to get a referendum on the ballot for a local vote on zoning changes that enabled the battery plant project to move forward.

The effort is aimed at halting BlueOval Battery Park, Ford’s planned $3.5 billion battery plant project in Marshall.

Last month, Marietti rejected one effort to block zoning ordinance changes tied to the project that were approved by Marshall City Council in May, turning down a request for a preliminary injunction, or indefinite pause, on the zoning changes. He ruled that city and state laws likely blocked the group’s efforts to stop the changes via referendum. The ordinance change included an appropriation of money that made it immune from referendum, Marietti determined.

In May, Marshall City Council approved the rezoning of 741 acres from township to industrial. At the same time, the council included an appropriation of $40,000 for site plan review services and about $250,000 for building inspection services.

Following that move, the Committee for Marshall-Not the Megasite collected 810 signatures from residents for a referendum petition to put the zoning change up for a local vote. But the city clerk determined the group’s filing was not valid, citing the appropriation of money included in the ordinance. If the signatures had been certified, the rezoning designation would have been suspending pending the local vote.