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September 19, 2004Elmwood loses appealTownship must pay group's $16,700 legal feesByRecord-Eagle staff writer TRAVERSE CITY - Elmwood Township lost another round in its fight to avoid paying a local citizens group almost $17,000 in legal fees over a long-disputed development project. The state Court of Appeals rejected the township's appeal of a ruling from 13th Circuit Court Judge Philip Rodgers that awarded the Elmwood Citizens for Sensible Growth $16,701 in sanctions against the township over Lincoln Meadows, a proposed residential housing development in southern Leelanau County. The unpublished opinion was released just eight days after the three-judge appellate panel heard oral arguments. In a four-page opinion, the court said township officials "disregarded the (Circuit) court's order to apply the zoning ordinance as written or undertake the statutory amendment process. (The township) did not appeal this decision nor did it request reconsideration or clarification. It simply ignored the decision." The citizens group said the ruling affirms their allegation that the township didn't follow its own zoning rules. "Reasonable people can disagree over (development projects), but there are rules in place to mediate those disagreements," said Chris Bzdok, a Traverse City attorney for the citizens group. "This township board has shown a blatant disrespect to those rules and that process. ... (It's) taken extraordinary efforts to get around the law and run roughshod over the zoning rules." Township supervisor Noel Flohe said Friday he hadn't seen the decision and declined comment, referring questions to township attorney Edgar Roy III. Flohe wouldn't speculate on whether the township will take its appeal to the state Supreme Court. The appeals court also rejected the township's stance that the citizens group wasn't entitled to legal fees because Rodgers didn't hold the township in contempt of court. It said the citizens group submitted several billing statements, invoices and other documentation to justify its legal bills, and that the local court did not err in refusing the township's request for another hearing. "Obviously we are disappointed with the decision, especially since the Court of Appeals seems to gloss over the fact the belated finding of contempt denied the township (a) meaningful opportunity to appeal," Roy said in a statement. The dispute dates to early 2001 when the township board approved the Lincoln Meadows project, a 55-unit site condominium development proposed near Lincoln and Bugai roads in an agricultural zoning district. The group sued over the approval and Rodgers ordered the township to reconsider the project. He later ordered the township to review the project again and follow or amend the zoning ordinance to allow for clustered housing that complied with the township's master plan. A year later, Rodgers ruled the township violated his earlier rulings and ordered the township to pay "reasonable" attorney fees to the citizens group. Lincoln Meadows was never developed because of the ongoing litigation. A similar project known as The Meadows was proposed last summer, but wasn't acted on by the township board. That spurred another lawsuit from project developers, but it was dismissed after the Elmwood Citizens group intervened. The group was awarded $8,400 in legal fees in that dispute - from the developers - in a ruling from Rodgers this month.
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