Residents File Circuit Court Appeal
Circuit Court appeal is active. Next Hearing: December 07, 2026 at 10:30am
A group of residents formally filed a Claim of Appeal in Newaygo County Circuit Court challenging the Garfield Township Zoning Board of Appeals’ July 8 decision that overturned the Township Board’s denial of the Sylvan Solar Conditional Use Permit. (Porter et al. v. Township of Garfield Case No.: 26-22107-AA)
What the appeal challenges:
The residents argue that the Garfield Zoning Board of Appeals lacked proper authority under the Township’s ordinance and failed to apply clear standards when it reversed the elected Township Board and ordered the permit issued.
This appeal is being pursued by local residents who live near the proposed project and care deeply about protecting Garfield (and Sheridan Charter) Township’s agricultural character, rural way of life, and the integrity of our Master Plan.
Update:
AES/BlackRock (Sylvan Solar) filed a motion to intervene. As expected, the judge ruled in their favor, not uncommon. The next hearing is scheduled for Monday, December 07, 2026 at 10:30am at the Newaygo County Courthouse, 1092 E. Newell Street, White Cloud for Motion to Vacate on behalf of the appellants. Updates will be posted closer to the next hearing date. A date has not been set for the original appeal.
On October 26, 2026, we learned that Sylvan Solar filed an application with the Michigan Public Service Commission (MPSC) seeking a siting certificate under Public Act 233 for the Sylvan Solar project (Case No. U-22242).
Sylvan Solar’s MPSC filing acknowledges that the circuit court appeal exists. Their Application and Project Narrative both state that a group of landowners filed an appeal from the ZBA’s decision to Newaygo County Circuit Court on July 31, 2026. At the same time, they are defending the ZBA’s July 8, 2026 approval with conditions (and the July 28 CUP) in that case as a valid local permit, while telling the MPSC that the exact same conditional approval is a “functional denial” under PA 233 so they can open a state siting case.
Filing at the MPSC while that case is still open is pure hedging. It forces Staff, the ALJ, and the Commission to process a full application, schedule a prehearing, and spend public resources on a project that may never need a state certificate. It is an attempt to create a second path that does not depend on the outcome of the circuit court case, at public expense.
The local approval has not been vacated yet. Its validity is being decided in Newaygo County Circuit Court. The MPSC filing is an unnecessary parallel track that should not proceed while that case is pending.
Garfield Township MI - Citizens Say NO to Sylvan Solar
The Sylvan Solar project is an industrial-scale development proposed by the AES Corporation (currently being acquired by a BlackRock-led consortium) for south-central Newaygo County. The plan involves installing roughly 1,200+ acres of solar arrays across both Garfield and Sheridan Charter Townships, taking a total of approximately 2,200 acres of prime agriculturally zoned land out of food production.
Sheridan Charter Township: The Fremont Community Joint Planning Commission approved the Special Land Use Permit for the Sheridan portion of the project in October 2025.
Garfield Township: Following strong public opposition and a clear commitment to our local Master Plan and General Ordinance, the Garfield Township Planning Commission and Board voted NO on the Conditional Use Permit in January/February 2026. The developer appealed to the Garfield Township Zoning Board of Appeals. Four unelected officials (one being a non-resident) overturned the elected Board's decision in July 2026. The residents have appealed the Garfield Township ZBA decision in Newaygo County Circuit Court. Sylvan Solar has also filed with the Michigan Public Service Commission (MPSC) under PA 233 (Case U-22242) in addition to the local permitting process.
Residents are appealing the local approval in Newaygo County Circuit Court. At the same time, the developer has filed with the Michigan Public Service Commission under PA 233 (Case U-22242), a state process that can override local control.
Our goal is to ensure that "Local Control" is more than just a phrase. We are working to:
Preserve Our Heritage: We believe that utility-scale energy projects do not belong on productive agricultural land, and we are committed to protecting the rural character of Garfield and Sheridan Charter Townships for future generations.
Protect Non-Participating Landowners: We are dedicated to defending the rights of neighbors who have not signed leases with the developer. This includes fighting to prevent:
Loss of Property Value: Ensuring that the homes we’ve invested in aren't devalued by proximity to industrial equipment.
Noise Pollution: Addressing the constant hum of inverters and the noise of construction and maintenance.
Glare and Visual Blight: Protecting our views and safety from the "glint and glare" of hundreds of thousands of panels.
Environmental Impact: Monitoring potential soil contamination and runoff issues that could affect neighboring wells and wildlife.
Safety & Infrastructure: Ensuring our local roads aren't destroyed by heavy machinery and that our first responders are equipped for specialized industrial fires.