ZEELAND TOWNSHIP, Mich. — Zeeland Charter Township has filed a lawsuit against the company behind a proposed 1,900-acre solar farm, arguing the state law that removed local oversight of energy developments is unconstitutional. Meanwhile, the state case reviewing the solar farm's application has been suspended.
WATCH: Zeeland Charter Township sues solar developer, challenges state law stripping local zoning control
Zeeland Charter Township filed a lawsuit against Silver Maple PV, the company behind the 1,900-acre solar development. The complaint also names parent companies RWE Americas Services and RWE Solar Development.
The proposed solar farm spans property in Zeeland and Jamestown townships.
In the complaint, the township is asking the court to declare Public Act 233 unconstitutional. That act removed oversight of wind, solar, and energy storage facilities from local governments, putting the state in control of regulating zoning and development applications.
The township contends Article 7, Section 29 of the Michigan Constitution reserves certain rights to local governments.
“We believe that these decisions should be made locally, and that's what we're attesting, or serving in our lawsuit,” Township Manager Josh Eggleston said. “This also impacts some other things where the state has attempted some seizure of local control, especially with the housing issues.”
Eggleston said township leaders believe the lawsuit could have broader implications for communities across Michigan.
“We believe that this has got a lot of traction, and I think it affects a lot of communities, and we are proud to take this step,” he said.
The legal challenge comes as the Michigan Public Service Commission case reviewing Silver Maple PV's application has been suspended. Administrative Law Judge James Varchetti issued a scheduling memorandum on July 6, 2026, in Case No. U-22071, suspending all dates in the proceeding.
The suspension came at the request of Silver Maple PV, which agreed to waive the 12-month Commission decision deadline while it evaluates how to respond to a May 7, 2026, Court of Appeals decision in In Re Implementing Provisions of Public Act 233 of 2023. The applicant will make a filing once that determination has been made.
Eggleston said the Court of Appeals ruling broadened the definition of an “affected local unit,” or ALU, in the state review process.
“The applicant has agreed to waive the one-year commitment because there's some issues, basically as the Court of Appeals decision has come out, of whether or not the county should be considered ALU,” Eggleston said.
Under the updated interpretation, Ottawa County could now be considered an affected local unit in the case, whereas previous rules only included local governments directly tied to the project area. Eggleston said the delay gives the township additional time to prepare.
In April, the township board authorized the township manager to spend up to $100,000 to contest the farm's application with the state. Last month, neighbors filed with the Michigan Public Service Commission to intervene in the process.
This story was updated with new information after speaking with the Zeeland Charter Township Manager.
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