The Michigan Court of Appeals has rejected an effort to place a referendum to block a solar panel farm in the western Upper Peninsula on a local ballot. The unanimous decision by a three-judge panel was released Friday.
The appeals court held petition circulators ran afoul of Michigan election law by putting on the forms their mailing addresses, which listed a village different than their physical residential addresses.
The energy company developing the solar farm, Circle Power Renewables, objected to using the signatures on those petitions. Norway Township officials agreed 11 petition sheets were not valid. It would have taken 120 signatures to get the referendum on the ballot. The error left the campaign with half that number.
The plaintiff, Eric Wickman, wrote on the petition form that he lived in Vulcan, which is an unincorporated village that lies within Wauceda Township. The township was Wickman’s legal address.
Wickman argued the error was inconsequential. The appeals court said Michigan election law does not allow any leeway under the state’s “strict construction” standard.
“By listing the village of Vulcan, his unincorporated village of residence, instead of Wauceda, his township of residence, Wickman failed to comply with this requirement. Under the statute, this means the signatures contained on his deficient sheets are invalid,” wrote Michigan Court of Appeals Judge Noah Hood, upholding a Dickinson County Circuit Court decision.
Wickman could take the case to the Michigan Supreme Court. Efforts to reach him were not successful.
