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Published: February 06, 2008 11:00 pm    print this story  

Meijer, Village drop all lawsuits

BY BRIAN MCGILLIVARY
bmcgillivary@record-eagle.com

TRAVERSE CITY -- Long-standing lawsuits filed against Acme Township by Meijer, Inc. and the Village of Grand Traverse are over, the second shoe to drop on a day in which Meijer admitted it likely broke state election laws.

Meijer and Village at Grand Traverse LLC dropped all pending appeals in a series of zoning-based suits against Acme, and the township agreed to drop its one appeal.

The decisions end a costly, four-year legal battle over proposed commercial and residential developments along M-72.

Word of the lawsuit agreements came Tuesday, the same day Meijer reported it potentially violated state campaign finance law by using corporate funds in a failed attempt to recall the entire township board in February 2007.

Meijer also said it likely broke state law for its role in an August 2005 referendum to suspend big box store construction in the township.

"It is unfortunate for Acme Township that we had to suffer and have our community torn apart by (Meijer's) actions," said township Supervisor Wayne Kladder. "I hope this is part of a resolution that will help get our town center built."

Village of Grand Traverse developer Steve Smith said he's optimistic about the project's future.

"We've been going back and forth with the township and have had dialogue going for quite some time," Smith said. "It's all going to depend on everybody working together, but honestly I think we can start construction on the first phase in 2008."

By dropping the appeals, the Village has a valid special use permit issued in 2004 by Acme's previous township board, but the developers now must work with current elected officials for site plan approval that meshes with the township's master plan.

The Village also dropped its attempt to individually sue township planning commission and board members for alleged conflicts of interest.

Smith said he's glad to be done with the litigation.

"In over 30 years of business I'd never been in litigation," Smith said. "So I'm going to seek advice from new legal counsel."

The Village and Meijer both dropped Dickinson Wright attorney Tim Stoepker, who'd acted as lead attorney on the lawsuits. Documents from a civil lawsuit indicate Stoepker also was involved in Meijer's efforts to secretly recall the board in 2007, actions Meijer now acknowledges likely violated state campaign finance laws.

Kladder said Acme officials are ready to work with the developers.

"It's a little bigger than I'd like, but our master plan calls for a town center and that's what we're working towards," Kladder said.

The Village at Grand Traverse calls for a mixture of commercial office and retail, residential, recreational and civic buildings that would be anchored by Meijer.

Meijer, however, isn't making its intentions known.

Meijer spokeswoman Stacie Behler in an e-mail on Tuesday declined to comment on whether Meijer still intends to build in Acme Township.

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