A contentious proposed development in Leland is officially out of runway from a government proceedings standpoint, but the developer plans to push the project forward in court.

The Leland Township zoning board of appeals (ZBA) on Monday affirmed the township planning commission’s decision to deny a special use permit for a proposed 11,590-square foot building at the intersection of Main and William streets in Leland. The mixed-use development would have retail space on the ground floor with residential units above.  

The proposed development has been vigorously opposed by many who feel it doesn't fit with Leland’s small-town character. 

Developer Joel Peterson says he wasn’t holding out hope for relief from the ZBA, and he plans to file suit in circuit court now that the township approval and appeals process has run its course. Michigan law states that parties who disagree with a ZBA’s decision are entitled to a judicial review of that decision in the local circuit court. 

“My attorney has pretty much already teed the whole thing up,” Peterson tells The Ticker. “And I’m no lawyer, but I think his arguments are pretty devastating.”

Peterson has claimed since the beginning that he should not have been subjected to township approvals because the project is a use by right. 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.

The township disagrees, classifying the project as a planned unit development (PUD) subject to additional oversight. Peterson says the township recently claimed for the first time in this months-long saga that residences are prohibited on the property, which is zoned C-1 commercial.

“The township just last week completely switched their position and said residential uses aren’t allowed at all in C-1,” he says. “I don’t think a judge is going to look too kindly on it, but we’ll see.”

Township Zoning Administrator Tim Cypher says the ZBA will meet in a few weeks to approve the minutes and a findings document tied to this week’s decision, but declined further comment. Township Supervisor Susan Och declined comment, citing impending litigation. Peterson says his attorney will wait until the minutes and findings document are approved before filing in circuit court.

“All it does is just drag the process out for me,” he says.

Peterson claims that it’s been a “vocal minority” that has opposed his project, and that he’s already had interest from locals looking to secure space in the development. 

Keith Ashley is a Leland resident and former planning commission chair who has helped organize opposition to the project. He says he hopes Peterson reconsiders his decision to head to court and either proposes a different use for the property or redesigns it to be more palatable. The overwhelming majority of local residents are opposed to the project as currently designed, Ashley says.

“Leland village proper has 400 or 450 citizens, and 200 of them wrote letters in opposition of this. If you can get 50 percent of the people to come out and write letters, you know it really struck a nerve,” he tells The Ticker.