October 08, 2008 IMLAY TWP. — It appears the court battle over an asphalt plant is not yet over. According to the Michigan Court of Appeals, John Carlo and his Trinity Corporation along with landowner Earl Anspaugh have filed an appeal to have their lawsuit against Imlay Twp. heard one more time before the court.
Carlo and Anspaugh are appealing Lapeer County Circuit Court Judge Nick Holowka's August ruling which affirmed the township's zoning ordinance was not exclusionary to industrial uses. Specifically, Holowka ruled that there was reasonable suitable access between the heavy industrial zoned property on Graham Rd. and major thoroughfares.
The case has already been heard by Holowka, the Court of Appeals and Supreme Court which sent the matter back to Holowka. In December 2006, the Court of Appeals sided with Carlo, reversing Holowka's decision after which the township appealed to the Supreme Court. Township attorney Mike Gildner said he believes the township's case has a good chance of standing.
"We're not surprised," Imlay Supervisor Steve Hoeksema said the appeal.
"We will have to continue to defend our decision. It would be nice to put this behind us but there's no way we could give up the fight. We are committed."
Carlo, a well-known paving and construction contractor, and Anspaugh filed the suit in 2004 after the township denied requests to rezone Anspaugh's land at Newark and Summers road from agriculture to heavy industrial. Carlo's attorney, Robert Davis, said his client did not find the heavy industrial property on Graham Rd. suitable for access to I-69 and M-53. The Graham Rd. industrial corridor is currently home to Champion Bus and the Scotts Company.