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September 9, 2004Group must pay citizens' legal billsDeveloper still evaluating rulingByRecord-Eagle staff writer LELAND - An Elmwood Township citizens group will have its legal bills paid by a development group they foiled in court. Thirteenth Circuit Court Judge Philip Rodgers ordered Meadows-Elmwood LLC to reimburse the Elmwood Citizens for Sensible Growth up to $8,400 in legal fees it incurred defending the township's zoning ordinance. "The court determined the developer's case had no merit, it was frivolous," said Chris Bzdok, attorney for the citizens group. "It shows once again the township and developers are not going to get away with the ongoing machinations to go around the text of the zoning ordinance," Bzdok said. William Burdette, the developers' attorney, said they still are evaluating the ruling and had no immediate comment. Formerly known as Lincoln Meadows LLC, the development company led by John "Jack" Armstrong and John D. Stewart filed suit against the township last fall alleging it was bound to issue permits for the proposed development in an agriculture district. "Elmwood was ready to roll over and play dead on this one," said Steve VanZoeren, a member of the citizens group. Elmwood Citizens for Sensible Growth interceded and the court subsequently dismissed the suit. Bzdok said he believes the most recent decision is the sixth court action involving the Meadows development and the third time either the township or developer was ordered to pay the fees. Previously, township officials violated a court order and Rodgers held them in contempt. He ordered the township to pay almost $17,000 in legal fees to the citizens group. The township appealed that ruling and the Michigan Court of Appeals heard oral arguments in the case Wednesday. Elmwood Township later sued the citizens group, alleging it interfered with the township's ability to issue permits. That suit also was dismissed and the township was ordered to pay over $3,000 in costs. Bzdok said he's not optimistic the Meadows project is dead, despite repeated legal setbacks and the defeat of three township board members during the August primary. "I suspect the developer may try to force an approval of the Meadows project again," Bzdok said.
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