August 27, 2008 LAPEER — A hearing is slated for Friday in Circuit Court Judge Nick Holowka's courtroom regarding Imlay Twp.'s lawsuit with John Carlo over a proposed asphalt plant.
In December, the Michigan Supreme Court remanded the suit back to the circuit court, asking Holowka to again address whether the township's zoning ordinance is exclusionary, particularly as it related to accessibility to the township's only I-2 (industrial) land on the Graham Rd. corridor—property that is zoned for such uses as an asphalt plant but where Carlo does not want to build because of lack of accessibility to M-53 and I-69.
The Supreme Court said Holowka must determine whether there are indirect routes that provide reasonably suitable access to the Graham Rd. property.
Carlo's most current plans were to build at Newark and Summers roads but a request to rezone the land from agricultural to industrial was denied by Imlay Twp. Carlo and the landowner, Earl Anspaugh, filed their lawsuit after a second rezoning request was also denied.
In 2004, when the case was first before Holowka, he ruled that the township had adequately revised their master plan to allow for more I-2 uses.
Carlo and Anspaugh appealed that decision to the state's court of appeals which sided with them. The township then appealed that decision to the Michigan Supreme Court.