Tuscola Wind III, LLC v. Almer Charter Township

Tuscola Wind III, LLC (Tuscola) (plaintiff) wanted to build a wind-energy center that would include 55 wind turbines across three Michigan townships, including Almer Township (defendant). Almer’s zoning ordinance required Tuscola to obtain a special-land-use permit (SLUP). The prescribed process required an application, a public hearing by Almer’s planning commission (commission), the commission’s recommendation to Almer’s township board of trustees (board), and a final decision by the board. The ordinance advised that wind-energy systems must not be unreasonably harmful to public health and safety and must comply with noise limits. It also stated that a wind-energy applicant could be required to fund an economic-impact study (EIS) at the township’s request. Per the ordinance, Tuscola filed a SLUP application. While the application was pending, four new board members, all of whom had an anti-wind stance, took office. The board issued a moratorium, stating that SLUP applications for wind-energy systems were increasing and the board needed time to enact reasonable regulations. After three public hearings, the commission recommend that Tuscola’s application be denied. Agreeing with that recommendation, the board denied Tuscola’s application, citing, among other things, failure to provide a sufficient EIS and failure to confirm compliance with noise limitations. Tuscola sued the township, arguing that the board’s denial (1) violated Tuscola’s procedural-due-process rights because, among other things, certain board members had conflicts of interest; and (2) violated the Equal Protection Clause because the board required an EIS not required of communications-developer applicants, whose applications were routinely approved. The board moved for summary judgment.