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Lawsuit challenges Dorr Twp. ordinance
By Ryan Lewis
Staff Writer
Wednesday, October 8, 2008 5:02 PM EDT
DORR TWP.—Builder Don Anthony Bouma has filed a lawsuit against the township to appeal a planning commission ruling denying his company the right to extend a private road.
The planning commission voted 4-2 in June to deny Bouma’s request to obtain a special use permit to extend Rustic Drive. Bouma sought the permit to extend the road to more lots in the residential development.
Planning commissioners Larry Dolegowski, Norm Fifelski, Doug Montgomery and Joyce Denstone voted against the permit; Bob Wagner and Gorden Lieffers voted in favor of the permit; Karen Slater was absent from the meeting.
The lawsuit, filed in Allegan County Circuit Court, does not seek monetary damages but does seek attorney fees and includes four counts:
- Count 1 asserts that the Dorr Township zoning ordinance’s requirement for the issuance of a special use permit to build a private road is invalid.
- Count 2 asserts that the ordinance is a violation of equal protection under the law provided by the state constitution.
- Count 3 asserts that the ordinance is violation of due process under the law.
- Count 4 is an appeal of the planning commission’s decision to the circuit court.
Dorr Township board members met Thursday, Oct. 2, for a special meeting prior to the regular board meeting to discuss the lawsuit. When they emerged from closed session, they directed township attorney Steve McKown to file an answer to the complaint to find out if the issue could be re-heard before the planning commission.
“They also directed me to see if the plaintiffs will stipulate to see if the township planning commission could provide additional explanation on why they voted the way they did.” McKown said.
Township supervisor Don Kaczanowski said that if Bouma agrees to either the rehearing or the explanation, there would be a public hearing before the planning commission.
Bouma could not immediately be reached for comment.
Ryan Lewis may be contacted at (269) 673-5534 or e-mailed at rmlewis@allegannews.com.
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