But the fight isn’t over

Photo: Sharon Township Hall. Credit: David Burdette, Wikipedia

TL;DR (too long, didn’t read)

• July 17, 2023: Sharon Township Board of Trustees voted unanimously to deny Stoneco a special use permit to mine 400 acres on Pleasant Lake Rd.
• AUG 29, 2023:  Stoneco filed an appeal on August 24 in Washtenaw County Circuit Court seeking to reverse Sharon Township’s decision to deny a zoning change permit. The next day Stoneco filed a lawsuit claiming the township violated Stoneco’s civil rights.
•  APR 25, 2024: Judge Connors heard oral arguments on the briefs submitted by both parties.  He said he would issue a written ruling.
• AUG 9, 2024: Judge Connors denied Stoneco’s appeal.  He states Sharon Township’s denial of the application was a “decision, finding, ruling, and order that was authorized by law.  Additionally, Sharon Township held numerous hearings, conducted investigations, and allowed for continued input from [Stoneco].  Finally, this Court holds that the decision, finding, ruling and order denying the application is supported by competent, material, and substantial evidence on the whole record.“
• The township’s attorney will file a motion to dismiss the lawsuit that Stoneco also filed, as it is not supported by any wrongdoing on the township’s part.
• Stoneco is expected to appeal the decision.

In a recent legal dispute, Michigan Materials and Aggregates Company, operating as Stoneco of Michigan, appealed against Sharon Township’s denial of a special land use permit for a proposed sand and gravel extraction operation.

The case centered around the Township’s decision, which required Stoneco to demonstrate a need for the natural resources in question, both for their use and in their market. Stoneco contended that this requirement, along with the evaluation process employed by the Township, was not in alignment with Michigan state law.

Sharon Township, however, argued that their decision was legally sound, based on thorough evaluations, and supported by substantial evidence. They assessed the need for the resources and potential consequences of the extraction operation, including its impact on agriculture, local businesses, and pedestrian safety. The Township emphasized that Stoneco failed to provide sufficient evidence that existing operations could not meet the need for these resources, nor did they convincingly demonstrate that no serious consequences would result from the proposed extraction.

The 22nd Judicial Circuit Court, presided over by Judge Timothy P. Connors, reviewed the case, including approximately 2,000 pages of documents and legal pleadings. The court found that Sharon Township’s decision was supported by competent, material, and substantial evidence. It was determined that Stoneco did not adequately meet the burden of proof regarding the need for the resources in the market served and the lack of very serious consequences from the proposed operation.

Ultimately, the court upheld Sharon Township’s decision to deny the special land use permit, affirming that it acted within its legal authority and followed appropriate procedures. This ruling underscore the importance of substantial evidence and thorough evaluations in land use decisions, particularly when environmental and community impacts are at stake. The appeal was denied, and the court’s order was officially issued on August 9, 2024.