EAST GRAND RAPIDS, Mich. — A Kent County judge sided with neighbors challenging a planned mixed-use development in East Grand Rapids, ruling their protest petition was valid, sending the project back through the process.
The planned unit development would be built on lots surrounding the D&W grocery store in Gaslight Village. The 2025 concept plan includes residential and commercial space, along with a parking garage.
For more information about the development, click here.
Judge Rules Petition Valid
The judge ruled Monday that neighbors' protest petition — aimed at requiring five votes instead of four to pass the project's concept plan — met all requirements and was filed on time, making the city commission's 4-3 approval in October null and void.
"Elated. It has been a long, tough grind," said Jerry Anderson, an East Grand Rapids neighbor involved in the lawsuit.
Last-Minute Petition Filing
Hours before city leaders were scheduled to vote on the plan on Oct. 6, neighbors filed a protest petition opposing the development.
Under Michigan law, if a valid protest petition representing 20% or more of property owners within 100 feet of a development is filed before a vote, the proposal needs a two-thirds majority to pass instead of a simple majority.
The city rejected the petition and passed the plan 4-3.
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Court's Decision
"The short answer is yes, it was valid, or it is valid," the judge said during proceedings, noting the petition was "submitted in a timely manner before the vote."
The judge found that the petition met the requirements and ruled the commission's decision was legislative rather than administrative, meaning the petition should have applied.
"The scale of the project is too big for the amount of area that it sits on," Anderson said. "All we've wanted from the start is a development that enhances the character and the quality and the safety of our beloved village."
What's Next
The project had continued moving through the city's planning commission despite the ongoing lawsuit.
East Grand Rapids officials said they are reviewing the decision with legal counsel and will discuss the case in closed session at the Aug. 17 City Commission meeting. The city could still appeal the ruling.
"We feel vindicated," Anderson said. "We are just so hopeful now that the city commission will listen to what the judge had to say."
When asked what his plans were after the announcement, Anderson said, "Give my wife another hug, and then send an email to our supporters and say 'Hey, it's been worth the wait. It's not over because the city still has to go through the process again.'"
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