Judge Rules Against Farm Family Trying to Stop Solar Farm on Property
A Michigan judge ruled against a mother and son farm family fighting a solar company’s “Silver Maple Solar Farm.” At issue is 562 acres in Ottawa County, a fast-growing county of nearly 300,000 residents in West Michigan.
RWE Solar wants to use the property as part of its 1,900-acre solar farm that could produce 200 megawatts of power. An Ottawa County circuit judge ruled on October 14th that the company could use the family’s property for its solar farm.
RWE previously sued Patricia Smallegan and her son, James “Jimmy,” for refusing to honor a six-year-old agreement for use of the farmland signed by James’ father. The Smallegans’ land could be critical to the solar project’s development since it makes up nearly one-third of the proposal.
RELATED: American Farmland Owner laid out in early 2025 the country’s growing need for energy sources.
Family fights solar development
The Smallegans contended in court that they believed the agreement with RWE was merely for the company to conduct a five-year study of the property, while RWE maintained that the agreement between the two parties granted the company rights to the land for the development.
“If there had been any siting done, I think we would have gotten some information about it, whether it was viable or not,” Jimmy Smallegan said during the court hearing, according to The Zeeland Record.
But RWE attorney Brandon Hubbard argued that the agreement between the parties established the company’s eventual right to the land. “Each contract was for five years, and each allowed my client to evaluate the land. My client wanted to later use the land for the solar project. My client had the option to do that,” Hubbard told the court, according to The Zeeland Record.
What Lawsuits Does the Michigan Solar Project Face?
The family’s lawsuit was one of two RWE faced. Zeeland Township also filed suit against RWE Americas, which added another level of uncertainty to the project.
Zeeland Township argued that a state law that removed local oversight of energy developments – like this proposed solar project – is not constitutional, according to Fox 17 in West Michigan.
Solar project still needs state approval
RWE Americas still needs approval from the Michigan Public Service Commission for its $330 million project. Its recent filing with MPSC laid out, in technical terms, what it aims to do in the region:
“The Project is a proposed 200-MW alternating current solar photovoltaic generation facility located in Jamestown and Zeeland Townships, Ottawa County, Michigan, approximately 4.3 miles east of Zeeland, Michigan, and 3.6 miles southwest of Hudsonville, Michigan. The Project boundary/leased area is approximately 1,914 acres, of which approximately 1,431 acres will be disturbed as part of the site facility, and 1,124 acres will be fenced in.”
RELATED: This farmer believed so strongly in advocating for family operations that she flew to Washington, D.C. to make sure politicians heard her concerns.
