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(Editor’s Note: Mike Dettmer, on behalf of Protect the Peninsula, outlines the group’s position on the recent judgment in the winery lawsuit. If you have an opinion on the lawsuit or other township matters, feel free to write it up and send it to me, [email protected]. -jb)
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The July 7 opinion in the wineries’ lawsuit has generated a lot of community discussion about appeal and settlement. Protect the Peninsula (PTP) has been asked about both. Here is our position.
We expect all three parties in the lawsuit will appeal the opinion because all three parties lost important legal issues in the case.
The wineries achieved no changes to Township zoning restricting commercial events like wedding receptions, restaurants, operating hours and more. The wineries are unlikely to just walk away from why they started this lawsuit — zoning changes.
The opinion imposes a $50 million judgment against Peninsula Township; it has a fiduciary obligation to its taxpayers to get a second opinion and reduce or undo the judgment. The insurer is requiring that the Township appeal, for obvious reasons.
While PTP undid many winery claims and prevented unrestricted events etc., PTP was forbidden from defending against the $50 million damages and the legal theory it is based on. PTP already succeeded before on appeal in this case and was granted intervention to defend decades-old zoning and prevent unrestricted events, restaurants, etc. PTP will now appeal again to undo the $50 million damages and address other important issues.
Appeal does not foreclose negotiation as an alternative way to resolve this case – both should be pursued by all three parties. PTP is and always has been willing to sit down together as neighbors with the wineries and township, and talk through how we can work out our differences, put this litigation behind us, and move forward in the best interests of this unique community. We expect the Township and wineries feel the same.
Michael Dettmer, for and on behalf of Protect The Peninsula
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Is PTP willing to kick in money to defray the cost of the damages if the town and the wineries can not reach a settlement? Seems like you should be willing to take the good and the bad since you decided that the town could not adequately represent the interests of your members.
Thanks, Mike, for explaining PTP’s position and role as the process continues forward. As a resident, I’m grateful for your organization dedicated to its name.
100% agree, Glen.
Detmer’s statement “ PTP is and always has been willing to sit down together as neighbors with the wineries and township, and talk through how we can work out our differences, ” is a gross exaggeration. From my recollection ( starting from opinions expressed at St Joseph church meeting to present) I have never seen where PTP has ever offered compromise on any of the issues WOMP contested. PTP is largely the cause of this lawsuit debacle. Why did not PTP offer any compromises 3 years and 50 MM dollars ago. Instead PTP members manufactured scare tactics and scenarios against compromise. Shame on PTP. I hope the costs associated with your lawyer fees puts you out of business. You don’t represent the citizens of Peninsula Twp.
As someone who works for a winery outside Michigan and who markets that winery for events, including weddings, I am perplexed how WOMP came up with its amount of lost revenue. I also belong to a group of wedding venue owners and manager.
Industry wide weddings were down during covid, rebounded in 2021 and 2022, and have been slow since. Visits to wineries are down because younger people gravitate to brewries and cideries, so that leaves the boomers visiting wineries.
The first thing our wedding group preaches is do not buy or build a wedding venue until you have checked with zoning. The group stresses the importance of obeying noise ordinances because noise travels far at night in rural areas.
In my neck of the woods most wedding shut down by midnight; our winery closes down weddings at 10 p.m., but we have an arrangement with a local brewry where the celebration can continue in town until 2 a.m.
From my perspective, it seems as if WOMP is being a bully. They knew the ordinances ahead of time. Brides can abide by a midnight curfew.