A East Lansing man filed lawsuit against Meridian Township on Wednesday for rejecting a petition to hold a Nov. 5 referendum over a land-share deal with East Lansing.
Mark Rysberg, an East Lansing planning commissioner, filed a petition of referendum to overturn a land-share agreement for 101 acres between the city and township in July. Township Clerk Mary Helmbrecht denied the petition Aug. 2, leading Rysberg to sue.
Helmbrecht said in a letter to The State News that Rysberg’s request was denied because of confusing language and the questions with the validity of some of the collected signatures.
“We filed suit to order her to put it on the ballot,” Rysberg’s attorney Kevin Roragen said. “What she’s required to do under the law is she’s required to see if the requisite number of signatures are there.”
Rysberg said he feels nothing was wrong with the referendum, Roragen said, adding that Rysberg’s family has tried to develop the property in the past and have had their plans repeatedly rejected by township officials.
“Mark didn’t want to deal with Meridian Township anymore,” Roragen said. “His family has tried working with Meridian Township for three generations and has gotten no where.”
The annexations that East Lansing residents approved Tuesday night are legal, and take precedence over the land-share deal, Roragen said.
But a Public Act 425 agreement reached in July concerning the land parcels north of Lake Lansing Road has recently been recognized by the Secretary of State’s office, East Lansing’s City Attorney Dennis McGinty said.
“It should be a seamless transition, the property was transferred Monday,” McGinty said.
McGinty said he had not heard of a lawsuit filed to get the referendum vote.
Meanwhile, East Lansing City Council members had not heard the official news as of 5 p.m. Wednesday, but had heard rumors of a possible lawsuit.
“What trumps what?” Councilmember Vic Loomis said. “I used to think a 425 trumps an annexation vote and a referendum trumps a 425 agreement. I’m a little confused about it.”
Now the land’s fate has once again been thrown up in the air. Township Attorney Mike Woodworth heard about possible legal action by Rysberg but said it is easier said than done.
“It is a process to challenge a clerk’s decision,” Woodworth said.
“I don’t know what he will do, but it is definitely a hard thing to do.”
If the agreement stands, both communities would share taxes and zoning rights on the land.
The two pieces of land in question are at Lake Lansing and Abbott roads and at Interstate 69 and Lake Lansing Road.
Negotiations were controversial because of issues between the township and city, including which municipalities’ wetlands ordinance to enforce.
Township residents had added fuel to the fire by claiming city officials were working for developers, such as Rysberg. But Councilmember Bev Baten said it is untrue and she will support a referendum or land-share.
“As council members, we are advocating for citizens,” Baten said. “I don’t favor developers and if they’re shopping for a deal, we’re (also) shopping for the best deal for the citizens.”
Township Manager Gerry Richards said there is no issue here.
“Right now as I understand it, the 425 proposal is under control,” Richards said. “This decision will prevail with East Lansing and Meridian Township working under the agreement.”
Loomis is not convinced.
“I think there’s some questions about this,” Loomis said.
Kristofer Karol can be reached at karolkri@msu.edu
Jacquelyne Froeber can be reached at froeberj@msu.edu
