Oshtemo Township’s attorney told the board a pending legal case may challenge whether local governments have the authority to enact moratoriums at all.
What was said
Township Attorney Jim Porter told the board he recently became aware of a case, which he believes originated in Livingston County, though he had not yet reviewed it in detail, that could challenge the legal concept of municipal moratorium authority generally. Porter noted that no state law explicitly authorizes cities, counties, or townships to enact moratoriums, meaning such measures are always subject to legal challenge. He said this case appears to challenge that authority directly, and that the outcome could affect Oshtemo Township, which currently has an ordinance-related moratorium tied to its ongoing work on battery energy storage system (BESS) regulations. Porter said he would monitor the case and report back once more information is available.
Ordinance drafting continues
Trustee Michael Chapman, the board’s planning commission liaison, said the commission has been reading through the draft energy ordinance line by line and incorporating public comment as it goes, describing the process as collaborative. He said the commission has worked through part of the draft so far and will continue the line-by-line review at a future meeting. Porter said the ordinance has changed substantially since its first draft, driven in large part by public input, and that he has personally read all written comments submitted.
The energy ordinance remains in draft form and has not been adopted. The planning commission is expected to continue its review at a future meeting.
