5.28.08
Developers sue over Harsens Island project
Lawyers: Zoning change should be allowed
By NICOLE GERRING
Times Herald
Grande Pointe Development and Lucky 7 Development are trying to move forward with a proposal to build a 348-unit housing development on Harsens Island.
The developers have filed a lawsuit against Clay Township, stemming from the planning commission's Feb. 27 decision to reject a special land use request that would have allowed the housing development to be built on the former Boys & Girls Club property.
In the lawsuit, Grande Pointe and Lucky 7, which are managed and owned by former township resident Michael Malik, contend the planning commission's decision "was not based upon substantial, competent and material evidence on the record, was arbitrary and capricious, was contrary to law and did not advance a reasonable governmental interest related to public health, safety and welfare."
The planning commission had to base its decision on nine standards for a special land use consideration as stated in the township zoning ordinance. Members voted that the request did not meet some standards, which include a variety of factors such as whether the development would be in harmony with the existing character of the neighborhood.
Port Huron lawyer Gary Fletcher is one of the among those representing the developers.
"The developer believes they clearly complied with all the requirements of the (zoning) ordinance. Therefore, there was no basis to deny the approval the developer had requested," he said.
The court may affirm the commission's decision, turn it back to the commission for further review or affirm the developers' appeal and allow the special land use request.
In addition to the lawsuit, Grande Pointe Development filed a permit request on May 1 with the Michigan Department of Environmental Quality's Land and Water Management Division. The permit would allow developers to dredge and excavate at the project site and is required because the work would affect 17 acres of wetlands.
Developers also have applied to the DEQ for a permit to operate a marina, a planned part of the $170 million development.
Lawyers: Zoning change should be allowed
By NICOLE GERRING
Times Herald
Grande Pointe Development and Lucky 7 Development are trying to move forward with a proposal to build a 348-unit housing development on Harsens Island.
The developers have filed a lawsuit against Clay Township, stemming from the planning commission's Feb. 27 decision to reject a special land use request that would have allowed the housing development to be built on the former Boys & Girls Club property.
In the lawsuit, Grande Pointe and Lucky 7, which are managed and owned by former township resident Michael Malik, contend the planning commission's decision "was not based upon substantial, competent and material evidence on the record, was arbitrary and capricious, was contrary to law and did not advance a reasonable governmental interest related to public health, safety and welfare."
The planning commission had to base its decision on nine standards for a special land use consideration as stated in the township zoning ordinance. Members voted that the request did not meet some standards, which include a variety of factors such as whether the development would be in harmony with the existing character of the neighborhood.
Port Huron lawyer Gary Fletcher is one of the among those representing the developers.
"The developer believes they clearly complied with all the requirements of the (zoning) ordinance. Therefore, there was no basis to deny the approval the developer had requested," he said.
The court may affirm the commission's decision, turn it back to the commission for further review or affirm the developers' appeal and allow the special land use request.
In addition to the lawsuit, Grande Pointe Development filed a permit request on May 1 with the Michigan Department of Environmental Quality's Land and Water Management Division. The permit would allow developers to dredge and excavate at the project site and is required because the work would affect 17 acres of wetlands.
Developers also have applied to the DEQ for a permit to operate a marina, a planned part of the $170 million development.
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