The U.S. District Court for the Western District of Michigan has sided with Centerville Township in federal litigation resulting from denial of a special use permit for Northgate-Leelanau Pines, LLC.
In a decision released Thursday by the federal court, actions by the township Planning Commission stood up to claims brought by Northgate that rejection of plans to expand the camp denied the company’s constitutional rights and the rights for use of its property — making up its mind before completely reviewing them and ultimately rejecting plans to expand.
The news comes as a relief for the only township in the county without a post office.
“It’s great news,” township Supervisor Ron Schaub said. “I thank (all) who worked so hard and long supplying all the information that was needed for this case.”
Defending township zoning and denying the request has been costly.
“Last year alone we spent $130,000 defending this case, along with some costs this year yet,” the supervisor said. “This does not include the $100,000 the insurance company spent before that and the amounts we spent in 2023 and 2024.”
In 2022, Northgate-Leelanau Pines applied to expand the number of sites at the park from 170 to 342; construct a waterfront pavilion, marina store, boathouse, swimming pools, a splash pad, mini golf, jump pillow, sports court, walking trails and boardwalks. Renovation of the existing camp office and restrooms, a game room, bathhouse and laundry facility was also planned.
During public meetings in August, September and October of that year, the Planning Commission heard the concerns of township residents as well as others living outside the township along Lake Leelanau, opposed to the proposed expansion. Among those opposed was the LLLA, whose representatives regularly attended the Planning Commission meetings. The lake association later sought and received permission to serve as an intervenor in the lawsuit.
Among the biggest concerns was the lakefront development’s impact on nearby Rice Creek and Lake Leelanau.
Township planners denied the permit saying that plans to expand were inconsistent with the township Master Plan and that it is not in line with the preservation of the “scenic aesthetic” assets of the township.
Northgate submitted a revised plan application in August 2023 — the main difference between the applications is a reduction in proposed campsites from 300 to 150; one boat launch instead of two and 82 boat slips instead of 239. Northgate initially filed suit in Circuit Court against the township and its planning commission members. The court also ruled in favor of the township Zoning Board of Appeals.
Northgate alleged that the township was biased against them and their proposal.
Northgate filed hundreds of pages of exhibits, which in their view, represents animus or illwill toward them.
The federal court disagreed. “Event when read in the light most favorable to Northgate, Northgate’s exhibits fail to show that the township acted with any type of unlawful animus,” the decision states.
