Osceola Township says it will appeal a circuit court decision ordering the township give Nestle Waters a permit for a new pumping station.
On Wednesday the township board voted 4 -1 to appeal a circuit judge’s December ruling that the township had no grounds to deny Nestle a permit.
The decision stated that the township incorrectly applied two different standards in the permit denial.
William Fahey is the Attorney Representing Osceola township. He said the permit fell under “essential services” - meaning the company had to prove their pumping station was essential to the Township.
“They would have to come in and make a very clear showing that the public demands and needs their service. That’s a tough showing for anyone to make.”
Fahey said if the company had other options if they didn’t like that standard.
“So if they didn’t like that standard, if they didn’t want to call themselves an essential service they could have for example come to the township and said ‘we want to build a commercial enterprise would you please rezone this as a commercial zoning district.’”
Fahey said when the judge ruled the township didn’t have grounds to deny the permit, it’s because she incorrectly thought the township used two separate standards: one, that the building could cause harm AND also that it was unnecessary. Fahey says the township denied the permit solely on the grounds that it was was not an essential service.
Tim Ladd is the Supervisor for Oceola Township. He said township ordinances need to be clarified.
“It appears she misinterpreted two sections of our zoning and based on that misinterpretation we really need to have it looked at and clarified just due to the fact it would cloud our zoning if we did not ask to have it clarified.”
Even if a permit is issued, Nestle still needs the Michigan Department of Environmental Quality to approve its request to increase water withdrawals in the township.
In a written statement representatives for Nestle said they quote “firmly believes that the Circuit Court decision was appropriate.”
The Township has until January 10th to file their case with the Michigan Court of Appeals.
Nestle’s full statement can be read below:
Nestlé Waters North America (NWNA) firmly believes that the Circuit Court decision was appropriate. Last month, the Circuit Court decided that our request for a permit to build a small, 12-foot by 22-foot building to house a booster pump in Osceola Township is valid and should be granted.
The booster pump would increase pressure along a pipeline to transport additional water, should the Michigan Department of Environmental Quality (MDEQ) approve our application for increased withdrawal capacity at the White Pine Springs well.