GRAND HAVEN, Mich. — An Ottawa County judge has ruled in favor of RWE Solar Development in its legal dispute with the Smallegan family, finding the company properly exercised lease options tied to hundreds of acres of land slated for the proposed Silver Maple Solar project.
In a ruling delivered Wednesday afternoon, Ottawa County Circuit Judge Jon Hulsing determined RWE properly exercised options under agreements signed in 2020 and properly delivered required notices to the family before a Nov. 19, 2025 deadline.
The lawsuit centered on about 562.8 acres owned by members of the Smallegan family. According to court records, those properties account for roughly 30% of the proposed 1,900-acre Silver Maple Solar project planned in Zeeland and Jamestown townships.
The company has argued the acreage is critical to the project's viability and that losing the property would significantly reduce its planned generating capacity.
WATCH: Judge rules in favor of RWE in dispute with Ottawa County farming family over solar project land
Judge: Agreements are valid
Hulsing said it was undisputed that members of the Smallegan family signed option agreements with RWE in November 2020.
The agreements gave RWE five years to study the land and the ability to exercise lease options during that period. Once exercised, the agreements granted the company extensive rights to use the property for solar development, including exclusive possession and use of the land.
During last week's bench trial, family members argued they believed the agreements were intended as a five-year study period and not a long-term commitment to solar development.
Hulsing rejected that argument.
In his ruling, the judge said testimony suggesting the agreement was only intended as a five-year study was "not credible" and found the contracts clearly allowed RWE to exercise the options during the five-year period.
The judge also rejected affirmative defenses raised by the family, including claims that the agreements were unconscionable, obtained under duress or otherwise invalid. Hulsing found no evidence was presented at trial to support those claims.
Notice dispute at the center of the case
The primary issue at trial was whether RWE properly delivered notices exercising the options before the Nov. 19, 2025 deadline.
RWE employees testified the notices were prepared in the company's Austin, Texas, office and deposited with FedEx on Nov. 13, 2025. Family members testified they never received them.
Hulsing found that under the terms of the agreements, delivery was complete three days after the notices were deposited with an overnight courier.
"The court finds that the notices of exercise of option were timely delivered to defendants," Hulsing said from the bench.
The judge found the notices were effectively delivered on Nov. 16, 2025, three days after they were deposited with FedEx and three days before the option period expired.
Hulsing went a step further, concluding the notices were actually received by the family despite testimony to the contrary.
The ruling cited evidence including Patricia Smallegan's acceptance of more than $282,000 in post-option payments and communications from Kristi Smallegan regarding ownership transfers shortly after delivery was deemed complete.
Exclusive possession awarded to RWE
Having determined the options were properly exercised, Hulsing ruled that RWE now holds exclusive possessory rights to the land covered by the agreements.
"The defendants improperly dispossessed and ejected plaintiffs from the property to which plaintiff has exclusive use and possession," Hulsing said.
The ruling orders the Smallegan family to stop interfering with the project and revoke permission for others to use the land for activities including farming and hunting.
The order also authorizes RWE to remove crops and take actions consistent with its possessory rights under the agreements.
In one of the broadest portions of the ruling, Hulsing also barred the family from participating in administrative, legislative or judicial proceedings opposing the project while the agreements remain in effect, citing contract provisions requiring cooperation with the project.
The judge further ordered RWE to record its exercised options.
Family considering appeal
RWE attorney Brandon Hubbard declined to comment following the ruling.
Attorney David Delaney, who represents the Smallegan family, told FOX 17 the family is considering an appeal.
Delaney noted that RWE still must obtain approval from the Michigan Public Service Commission before the proposed solar project can move forward and said additional legal challenges remain possible.
Community reaction
Outside the courthouse, opponents of the project expressed disappointment with the ruling.
Cadence DeVree, a Zeeland Township resident who has followed the project since last year, said the decision could have implications beyond the Smallegan family.
"We need to reinforce and protect the farmland we do have, and protect the farmers that are in the state of Michigan. And I don't want to see that go away," Devree said. "Today just felt like a heavy blow to farmers and agriculture in the state of Michigan."
Despite the ruling, Devree said she believes opposition to the project will continue.
"I know that my community is really strong, and I know that we're not done fighting. We have a lot of grit and a lot of don't quit," she said. "I am sure that the community is going to surround the Smallegan family in uplifting them in any way possible."
What's next?
The ruling gives RWE exclusive possession of the disputed property and allows the company to continue pursuing development of the proposed Silver Maple Solar project.
However, the project still requires approval from the Michigan Public Service Commission before construction can begin.
As the prevailing party, RWE may also seek attorney fees dating back to Nov. 19, 2025. Hulsing ordered the company to schedule a future hearing on attorney fees within 120 days, where the court will determine what amount, if any, the Smallegans could be required to pay.
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