The battle over a contentious development in Leland is far from over.

The Leland Township Planning Commission recently denied a special use permit for a proposed 11,590 square foot commercial and residential building on Main Street, dealing a procedural blow to developer Joel Peterson. But Peterson tells The Ticker he’s not ready to walk away.

The project has been a lightning rod in Leland and throughout Leelanau County over the past several months, with residents packing meeting rooms and sending written letters to oppose the structure. They claim it doesn’t fit with the character of small-town Leland.

Peterson says he fully expected the planning commission’s rejection, considering all the angst surrounding the project. He’s prepared to appeal to the Zoning Board of Appeals – the next procedural step in the process – but he’s not particularly hopeful for relief there, either. He suspects that he will ultimately have to file a lawsuit to move his plans forward.

“If (the ZBA) doesn’t agree, we’ll be making the argument in Circuit Court,” Peterson tells The Ticker. “The state of Michigan says that townships have to follow their zoning ordinance. And that's basically going to be our argument, that this is a use by right and we shouldn't have had to go through this PUD process.”

The concept of use by right in zoning relates to a property owner’s right to build on their property without additional government approvals as long as their plans meet zoning rules. Peterson says he altered his designs to appease those who had objections, even though he didn’t have to, and he contends the township is in the wrong for rejecting his development.

“Character is so subjective, and the township doesn't define what they're looking for in character, so basically it’s left to individual interpretation,” Peterson says. “Being a use by right, we don't have to meet anybody's definition of character because there is no definition of character.”

Dan Korson was the chair of the township planning commission (the special use permit was denied during his last meeting). He tells The Ticker that while character is not in fact well-defined in township rules, it’s a critical element of the township’s zoning policy and master plan and is a “very important thing” for public officials to consider.

“To Mr. Peterson's statement that we're supposed to stick to the zoning ordinance, I'll say that our zoning ordinance is very specific about character. We may not have it described, and I’ll agree that it’s a very tough thing to pin down and is not very clear, but it is in the ordinance and we have to take that into consideration,” Korson says. “If you look in the ordinance, it mentions character two or three different times.”

As for the potential of this fight headed to court, Korson says it’s Peterson’s right to bring it there. The planning commission did “the best it could” with the facts at hand, he says, and if they erred, the courts are around to make things right.

“That’s what we have courts for, and that’s why we have the process,” Korson says. “It’s got to run its course, and we’re in America, so we’ll go with what they say.”

Peterson, primarily a custom home builder, said it’s not his intention to rankle feathers with the design or additional proceedings.

“I work full time in the area, and I am a Leland resident, and it’s important that people know that,” he says. “We're not just trying to come into a community and do things that I wouldn't want to see every day because, you know, I'm going live about a quarter mile from this project.”

Peterson also contends the project is not nearly as controversial as it might seem.

“I have heard a lot of support from people I know in Leland, but as you know, the supporters are never the vocal ones,” he says.