September 24, 2008 IMLAY TWP. — Only one week remains for John Carlo to file an appeal in the ongoing court battle with the township over the construction of a proposed asphalt plant.
Township attorney Mike Gildner told the board at their Sept. 17 meeting that October 1 was the last day Carlo could ask the Court of Appeals to re-examine the case. Earlier this month, Lapeer County Circuit Judge Nick Holowka sided with the township, saying that existing secondary roads offer sufficient access to the Graham Rd. corridor and the township's lone heavy industrial (I-2) zoned land where Carlo could build from M-53 and I-69.
For several years, the contractor has sought to build the plant on land at Newark and Summers roads, but township officials have denied their requests to have the property rezoned from agricultural to industrial.
As a result, the landowner Earl Anspaugh sued the township, alleging the I-2 zoning was exclusionary due to a lack of direct travel routes. The case and subsequent appeals from both parties has traveled through the state's court system. In December, the Michigan Supreme Court remanded the case back to Holowka, requesting he again address the issue of access to the property.
Gildner said the court of appeals will only be able to address the same transportation issue. He said it appears the township stands a good chance of not seeing the latest ruling overturned.