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After Judge Maloney’s ruling on the winery lawsuit this week — awarding $50 million to the wineries — Protect the Peninsula (PTP) has issued a statement. During the litigation over the past five years, PTP, a citizen advocacy group formed in 1979 to protect and preserve the scenic and rural character of the Old Mission Peninsula, petitioned and was granted the right to join the lawsuit.
Back in 2021, PTP issued a statement noting, “The lawsuit doesn’t seek changes to zoning; it seeks the end of zoning.” You can read all of the court documents on their website here. Also read the wineries’ response to the ruling, a deep dive into the damages, and Township Supervisor Maura Sanders’ note about upcoming meetings, including one dedicated to the lawsuit.
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View the full Bench Opinion here, and all winery lawsuit news and opinions posted on Old Mission Gazette here.
Read on for PTP’s thoughts on Maloney’s recent ruling, including an important point that the local media headlines this week aren’t saying.
Dear OMP Neighbors,
On Monday, July 7, the federal district court in Kalamazoo issued its long-awaited opinion in the winery lawsuit. Headlines in local media this week trumpeted the ruling as a big win for the wineries, as the court awarded the wineries $50 million for lost profits from commercial events they say the Township’s zoning kept them from hosting, such as wedding receptions, birthday parties, and corporate retreats.
But, so far, the headlines have missed an equally important point: the court did not give the wineries the order they asked for prohibiting the Township from enforcing zoning limits on late hours, wedding receptions and other commercial events, food service, and more. The wineries asked the court to force the Township to allow those activities at wineries, but the court declined. As far as those things go, the wineries remain bound by the same zoning limits as in the past.
If this has you scratching your head wondering how it can be that the court awarded the wineries damages for lost profits from past events they never could and still cannot host, we’re mystified too. The seeming contradictions are difficult to reconcile. The 75-page opinion can be viewed here.
Most important for now is that PTP’s 30-plus years of successfully keeping non-agricultural commercial activity out of our agricultural district continues.
Thanks to PTP, we had already won several significant issues in the lawsuit even before this ruling. The court let stand its prior rulings that agreed with PTP that hosting weddings and events is not commercial speech protected by the First Amendment, and that Township zoning can limit late hours, loud music, and restaurant operations by wineries. Overall, we’re happy the court left in place limits that protect this unique place.
How the Township responds remains to be seen. For PTP’s part, we’re still unpacking this ruling and will get back in touch with you as we make decisions going forward.
In the meantime, there are still legal expenses to pay. Your donations go entirely to those expenses. Without your continued generous support for our defense of residents’ interests in the lawsuit, we would be unable to do this crucial work.
Your tax-deductible donation may be made to: Preserve Old Mission Peninsula, POB 1529, Traverse City, Michigan 49685. You may also make an online donation here (please note that PTP has to pay a fee for online donations).
Thank you,
Your Neighbors from Protect the Peninsula
P.S. We are happy to answer any of your questions about the lawsuit, PTP’s role in the fight, and to provide copies of court filings. You can email us at [email protected].
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Clarification is needed from PTP. According to court documents filed 5/8/23, winery damages are irrelevant to PTP. The court permitted PTP to intervene based on member’s property interests. Since PTP does not face the possibility of damages & is not responsible for the bill, is it true that donations will not go toward defending against the $49 million in damages in an appellate court?
This whole editorial needs much further explanation. I will take a bet that a winery wedding will take place yet this year. And………. the one time I gave to PTP was to protect the trees on Bluff Rd. Never again will I contribute. While you PTP ( or whoever wrote this article. would be nice to see a real name) may not be liable for the $49MM it looks like you may be responsible for your share of the legal costs. I hope that sends your organization to disband. You are largely responsible for this debacle and continue to work against the interest of farmers on OMP. Shame on PTP.
This op-ed reads like a letter from a friend who you have repeatedly lent money to, but he is a derelict gambler, and is now in the hole. Rather than admit that he’s busted to the tune of $49 million, he appeals to you for MORE money, as he points out all of the free drinks he’s gotten in the process. He SWEARS if he just doubles down, he can win the next hand…double his money and make you whole!
The parties representing the “community” are so blinded by their own goals and seemingly abuse of power, that they will continue gambling with the communities money ad infinitum. As the old guard enters their twilight years, their legacy will be the total destruction of the thing they supposedly sought the “protect”. Ridiculous and simply just sad. This endless wasting of money needs to end.
What a pathetic post. Do the NIMBY PTP really think this judge had to direct the township to change the zoning after nailing them with a $49m judgement in damages and calling the ordinance unconstitutional? So much for a lick of common sense? And do you think the wineries are going to sit tight and wait for the township to change the ordinance? Unlikely! The notion that the township would try to appeal (you need plain error to have a cause to appeal) or that the PTP somehow thinks they can string the residents along under the guise “we can still get them” are both ridiculous! It’s time to realize the outdated ordinance and the NUMBY group PTP are both destined for a rocking chair and some good local wine! A new day is finally dawning in Peninsula Township!!