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Who Decides What's Best for
Manistee? On
October 19th U.S. Magistrate Judge Ellen Carmody,
on behalf of the Western District Court in Earlier
this summer the Manistee Saltworks Development
Corporation filed a $100 million lawsuit in federal court against the City of Last
April, the City's Planning Commission turned down Tondu’s
application for a special use permit to build the coal plant after a massive
community organizing effort, led by the Manistee While the
scope of Tondu's project was massive, and the public
response was huge, the process by
which it was rejected was normal. A
landowner made a proposal; the people spoke out; the City reviewed the
information; and the Planning Commissioners made the decision they felt was
best for the community. There is also
a process for landowners like Tondu who disagree with a local zoning decision. State zoning law allows Tondu to appeal
the City's decision to Manistee County Circuit Court, where it can be reviewed
by a local judge and if the City did anything improper, the decision could be reversed
or sent back. Tondu did not
file an appeal, however. Instead,
Tondu is trying to elevate this case beyond the state court process with claims
that its federal civil rights have been violated. These claims carry a staggering price
tag: Tondu is demanding $100
million from the City of Tondu wants
more than just money, however. The
lawsuit also demands a court order barring the City from
enforcing its zoning rules against the development of the coal plant. In its complaint, Tondu refers to this
as “interfering” with their alleged “right” to build a
coal plant. And Tondu wants a jury
to decide its case, a request the City has inexplicably agreed to. Different people can have different opinions about
whether Tondu should be allowed to build a coal plant in Manistee. But who do you believe should make the
decision: the community and its
leaders, or a federal jury sitting 150 miles away? The Manistee We hope the City will also defend its decision, but we
cannot be sure. Comments made by
some City leaders raise at least a possibility that this will not occur. Petoskey residents recently saw Manistee |