Committee for Marshall-Not the Megasite

Committee for Marshall-Not the Megasite Ballot question committee formed by Marshall city residents to allow for a referendum on zoning.

The  Committee for Marshall - Not the Megasite  (the Committee)  has filed its motion for leave to appeal the Court of A...
04/11/2026

The Committee for Marshall - Not the Megasite (the Committee) has filed its motion for leave to appeal the Court of Appeals (COA) decision in the Committee’s lawsuit against the City of Marshall and MAEDA.
The Committee believes the COA did not follow the Michigan Supreme Courts remand and failed to resolve the issue with the previous MSC's decision. See attached PR for more details.

03/28/2026

Here is a recent column by Independent Journalist Byron McCouley writing an opinion column for Michigan affliated USA Today Nespapers about Marshall and the effects of the Marshall Megasite and Ford BOBP on the area.

SHOW YOUR SUPPORT FOR THE CMNM.  COME TO TONIGHTS CITY COUNCIL MEETING AT 7 PM.This post is to keep supporters up to spe...
03/02/2026

SHOW YOUR SUPPORT FOR THE CMNM. COME TO TONIGHTS CITY COUNCIL MEETING AT 7 PM.

This post is to keep supporters up to speed on the recent Court of Appeals ruling. You may know by now that the Court of Appeals (COA) ruled against the Committee for Marshall - Not the Megasite (CMNM) even with the remand from the Michigan Supreme Court (MSC). On the issue of the 425 Agreement between Marshall Twp and the City of Marshall, the COA basically said that the Joint Planning Commission (JPC) formed under the 425 Master Agreement had no power to control zoning even though it is stated so in the Agreement. They reasoned because it wasn't a local unit of government, like a township or city, even though it is made up of representatives from both the Twp and City and it was set up by contract between the Twp and City. The COA stated that the JPC is advisory only. If that is the case, why have the JPC at all? If that is the case, the City would have sole zoning power over industrial uses. In the Master Agreement, it is agreed between the Twp and City, that the administration of zoning procedures will follow the City's zoning procedures. The COA interpreted that to mean that the City controls the zoning for industrial parcels transferred under the 425 Master Agreement. If that is true, the Twp would have no say in zoning of industrial uses on land which is temporarily transferred under the Agreement. It would imply the City would only have the power to zone industrial parcels, with no say be the Twp. That is not transfer, that is annexation by the City. For those reasons the CMNM is appealling the COA's ruling back to the MSC. We don't believe the COA followed the MSC's directive and was reaching for any reason saying the MSC's Clam Lake ruling was different and didn't apply. I have attached a copy of the CMNM press release on the ruling and a memo by the City Attorney about the ruling that will be presented at tonight's City Council meeting. If this concerns you enough, come to the Council meeting at 7 pm tonight and let them know how you feel about it. If you would like a copy of the COA's ruling send a message to the Committee.

01/21/2026

The following emails between Committee member Regis Klingler and City Council member Derek Perry are being shared to help citizens to stay informed regarding important potential projects the City Council is considering.

As you can see, Regis has done extensive research on the subjects.

Derek, I understand that the City of Marshall can't do exclusionary zoning. The City can create a zoning section for data centers or strengthen existing zoning ordinances. Solar and wind production is certainly in line with I-1 and I-2 uses like machine shops, light manufacturing, industrial assembly and other power generation uses. There are already special sections in Marshall zoning for solar, wind and data towers.

Cities and Townships across Michigan are doing just that. That are placing moratoriums on data centers to give them time to study. learn, and put in place zoning restrictions, not exclusions, on data centers. Bay City is doing this even though it has not been approached by developers https://www.wnem.com/2025/12/30/resolution-prepares-potential-data-center-bay-city/ . The City of Mason, Jim Durian's hometown coincidentally, has recently done this also Read more on Mason pauses data center approvals as council seeks public input at https://www.wilx.com/2026/01/06/mason-pauses-data-center-approvals-council-seeks-public-input/. Allen Park did this in the past week https://www.facebook.com/share/1CUUuNKTsP/. I know that Howell Twp and Lowell Twp have also put moratoriums on data center development in place after being approached by developers.

So why can't Marshall be proactive like these other cities? Residents have clearly shown their opposition to data centers. So the City can't exclude data centers completely, but they can certainly develop meaningful restrictions on data centers. The fact that the City LDFA has signed a purchase agreement with Alterra, does not mean there is an active project or request for site plan approval in process at this time. That was made clear by both the City and Alterra. In the meantime before Alterra, or some other developer, files for a site plan approval, why doesn't the City be proactive and do its homework and institute restrictions either specifically for data centers or that strengthen existing I-1 and I-2 zoning requirements? Those requirements should include:
Mandatory closed loop cooling for data centers.
A strict noise limit of 85 dBa on the site of data centers and power generating turbines to protect workers and no more than 50 dBa at the property line to protect neighbors and users of Stuart Lake and the Brooks Nature Center.
A requirement that any needed transmission, distribution or generating facilities needed by Marshall Electric Dept, be fully reimbursed initially and throughout the life of the data center.
A requirement that any effect on the surrounding water table or Stuart Lake, by construction of the data center and power plant, and "mitigation" of wetlands is fully paid for and restored by the developer.
Some of these requirements are specific to the proposed data center and power generation at Brooks Industrial Park, but they should be applied to all data centers proposed for land that the City of Marshall owns or controls. Some of these requirements are covered by State level permits, but specific requirements for environmental and health protection can also be implemented at the Local level.

Even with closed loop cooling systems, data center development in Michigan will use lots of water for makeup water and for new required power generation. The local power generation that Alterra is proposing will require water makeup on its steam systems. Statewide, if new power generation is required using natural gas turbines or nuclear power, water use will increase for those power uses also.
Here is a good article from Bridge Michigan covering that topic: https://bridgemi.com/michigan-environment-watch/report-states-like-michigan-simply-not-prepared-for-data-center-water-demand/?utm_source=Bridge+Michigan&utm_campaign=6effa3719b-Enviro+Watch+12%2F30%2F25&utm_medium=email&utm_term=0_c64a28dd5a-6effa3719b-83170476

Outside of Marshall, the development of data centers will certainly increase rates for customers of the State utilities and ultimately Marshall City Electric Customers. If even a portion of the proposed data centers are built, new generation and transmission facilities are going to be needed to meet that demand. Those facilities take years, if not decades, to build. In the meantime, there will be shortages of both, which will mean increased prices for companies, utilities (including Marshall and the Coop it belongs to) for transmission of wholesale power. Here is a very interesting view on those increased costs by a utility transmission engineer who is very familiar with that topic of concern.
https://www.facebook.com/share/p/1bmAJ3PWJm/

At the very least Marshall should place a hold, or moratorium, on data centers and associated power generation, and do its own research to identify and address the many problems associated with data centers. There is much public information and SMEs out there who can assist the City with that. The City should then put in place needed restrictions on data centers and associated power generation. The City needs to be proactive on data centers and not reactive. Listen to what people in the City and the State are saying about data centers, and the consequences they have already caused around the country.

Regis Klingler
Concerned Marshall Resident
https://www.facebook.com/share/p/1bmAJ3PWJm/

On Fri, Jan 9, 2026 at 11:24 AM Derek Perry wrote:
Good morning Regis:

Local government units can modify their zoning ordinance and classifications, but it can't be in an effort to be exclusionary to a particular project or use, which is the concern. The Brooks Industrial Park was purchased, zoned, developed and intended for industrial use and specifically the I-1 portions are designated for less intense industrial uses (research, technical, etc.). My worry is that an intentional carving out of "data centers" would be difficult to defend in that it's similar to allowed light manufacturing, laboratories, indoor warehousing, machine shops, packaging and assembly operations. The current public discourse is no data centers, and under Michigan law, that's not permissible.
Now the proposed associated power generators are a more intense use and would fall into the I-2 classification as it expressly allows for power plants/central stations with a Special Land Use. This actually prompted a rezoning of several of the Brooks I-1 parcels to I-2 in 2018 to accommodate the land purchased for the now defunct Marshall Energy Center plan.
Questions and concerns related to the site plan, impact of water supply, wetlands, noise and energy use are items that we and our State regulatory partners can control and mitigate. In fact, we plan to recommend that we add developing and implementing a noise ordinance to the City’s 2026 Action Plan. This would be applicable City wide and provide a mechanism to enforce noise level standards outside of zoning for a variety of loud and nuisance noise creators.
Respectfully,







DEREK N. PERRY

City Manager



[email protected]

Direct: 269.558.0315

323 W Michigan Ave.

Marshall, MI 49068

cityofmarshall.com





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From: Regis Klingler
Sent: Wednesday, January 7, 2026 5:20 PM
To: Derek Perry
Subject: Zoning on Data Centers
*********(

Derek, help me to understand why the City can't change the zoning ordinances for industrial, I-2 or developing a separate special zoning for Data Centers. I can see that if the developer has already submitted their application info and site plan that would be the case. As of now the developer has presented the idea of a data center, but there has been no formal submittal of plans, permits and other design information. If that is true, wouldn't that prevent the City from changing the Industrial zoning requirements anytime a developer came to the City and said I am thinking of doing this project, whether it is a solar field, meat-packing plant, machine shop or other. The developer says, I have to do some preliminary research, ie, due diligence, before I am ready to apply for a site plan permit, but hold off on changing any zoning requirements until after I do. Would the City really accept that? Is the City even legally able to do that?

Regis Klingler
Concerned Marshall Resident

The City of Marshall passed a new Waste Water ordinance, and intentionally left out Lithium, Chromium 6, and solvents th...
01/21/2026

The City of Marshall passed a new Waste Water ordinance, and intentionally left out Lithium, Chromium 6, and solvents that will be used by Ford at the BOBP!

See Dr. Vicki McGuffin's letter below.

01/05/2026

Attend City Council Meeting today, Jan 5 at 7pm!

At the Marshall City Council Meeting on Monday, January 5 @ 7PM, there will be a public hearing on Ordinance 2025-5 Chapter 52, Sanitary Sewer, Ordinance Updates.

Although this looks like a simple revision of a boring topic, it is far more than it appears. The EGLE Water Resources Division, through state-wide coordinator Rodger Fain, has stated that this meeting will serve as the public hearing for the Industrial Pretreatment Program (IPP) application for the City of Marshall’s NPDES permit. In other words, it controls the local limits for “pollutants of concern” discharged through the wastewater treatment plant and other important issues.

For those of you who weren’t looking, this IPP was pushed through over the holidays. And they are hoping we won’t be there on Monday to protest.

We will need all the support we can get. Please spread the word—even if people don't want to speak, or don't know what to say, their presence will speak volumes!

If you do want to speak, Vicki McGuffin has written several brief comments for the most important issues. You can contact her at [email protected]. As many of you know, Vicki is a Emeritus Faculty Professor, Chemistry at MSU. She has been a leader in our group in calling out concerns for stormwater, groundwater, and wastewater pollution at the Mega-Mess and has given several talks, comments and written technical letters in this regard.

The Marshall City Council Meeting is on Monday, January 5, at 7:00 pm in the council chambers at City Hall. Please attend if possible to express the concerns we all have with the Kalamazoo being potentially polluted by the City of Marshall Waste Water Treatment plant, that will now additionally handle the Ford Experimental Battery Plant!

Send a message to learn more

12/13/2025
12/12/2025

On December 18, 2025 at 4:00 pm there will be a Marshall-Specific Meeting rearding the proposed Data Center. A local group has organized and will attend this board meeting to voice their opinions on the data center project.
What: Downtown Development Authority/Local Development Finance Authority (DDA/LDFA) meeting.
When: Thursday, December 18, 2025, at 4:00 p.m..
Where: Marshall City Hall, Training Room.
Purpose: The DDA/LDFA is the committee that has been approached by a developer for a proposed local data center abd has taken the initiative by signing a purchase agreement with the developer to potentially selli 220 acres of the authority's land in the Brooks Industrial Park to the developer. The sale would not be done if the developer determines the project is not feasible after a 6 month study and investigative period. Residents are encouraged to attend, ask questions, and provide feedback.

Send a message to learn more

12/08/2025

Good update on the CMNM Lawsuit against the City of Marshall and MAEDA from our attorney Robert Dube on the Richard Piet radio show on WBCK.

battlecreekpodcast.com
Home - Battle Creek Podcast

Send a message to learn more

11/23/2025

Following is a press release issued this last week Marshall Twp requesting to intervene in the Commmittee's lawsuit and to stand up for the Twp resident's interests.

FOR IMMEDIATE RELEASE

DATE: November 20, 2025
LEGAL QUESTIONS, CONTACT: Robby Dube, Ekland & Blando, 612-236-
0175, [email protected]
CONTACT: Committee for Marshall – Not the Megasite Contact: Regis Klingler Email:
[email protected]

Court of Appeals allows Marshall Township to file as amicus in the “Committee for Marshall — Not the Megasite’s” case against City of Marshall and MAEDA

Marshall, Mich— The Committee for Marshall—Not the Megasite, a group of Marshall residents who filed signatures for a referendum on the Ford “Megasite” project, announces that the Court of Appeals granted on November 18, 2025, a motion by Marshall Township to provide an amicus, or “friend of the court,” brief in support of the Committee for Marshall—Not the Megasite, within 21 days.

The court order follows a vote by Marshall Township’s Board of Trustees on November 7 authorizing the Township attorneys to do so. The Township is represented by attorney Robert Thall of Bauckham, Thall, Seeber, Kaufman, and Koches PC, a law firm that also represents the Michigan Townships Association.

Earlier this fall, the Michigan Supreme Court vacated the entire Court of Appeals decision and remanded the case back to the Court of Appeals, “for reconsideration in light of Clam Lake Twp v Dep’t of Licensing and Regulatory Affairs, 500 Mich 362 (2017).”

“The Committee is pleased that Marshall Township now has an opportunity to voice its residents’ concerns and is siding with our Committee in this litigation,” said Regis Klingler, of the Committee for Marshall—Not the Megasite. “As we’ve argued, Township residents are supposed to have a real voice on the Joint Planning Commission, which controls all uses of the Township’s land that makes up the “Megasite.” The City ignored the Joint Planning Commission’s 4-2 vote against the rezoning in 2023, and the Supreme Court recognized that that’s a major issue. We’re glad the Court is welcoming the Township’s arguments.”

Background:
The Committee had filed a 52-page Leave to Appeal to the Supreme Court, in September 2024. The Committee contended the Court of Appeals made numerous errors such as allowing City Clerks to make unilateral legal judgments of the substance of a petition, placing an unconstitutional residency requirement on, and artificially limiting the number of, petition circulators, adding an unrelated appropriation to a zoning ordinance map, allowing the City’s actions zoning the Megasite parcel to override the rejection by the Joint Planning Commission between the city and
township, which has “control” of land use of the conditionally transferred land, and permitting the City to violate its notice obligations.

Link to the Michigan Supreme Court ruling, September 12, 2025:
https://www.courts.michigan.gov/4a5e23/siteassets/case-
documents/uploads/sct/public/orders/167553_131_01.pdf

Link to the now-vacated decision by Michigan Court of Appeals, June 18, 2024:
https://www.courts.michigan.gov/4a1605/siteassets/case-
documents/uploads/opinions/final/coa/20240618_c369603_101_369603.opn.pdf

The Clam Lake Twp v Dep’t of Licensing and Regulatory Affairs, 500 Mich 362 (2017) decision referenced in the Michigan Supreme Court order can be found here:
https://www.courts.michigan.gov/49dc48/siteassets/case-
documents/uploads/opinions/final/sct/151800_71_01.pdf

For more information:
Robby Dube, Eckland & Blando, 612-236-0175, [email protected] Ellis Boal, Michigan attorney, 231-547-2626, [email protected]
Committee to Marshall—Not the Megasite
https://committeeformarshallmi.com
facebook.com/committee-for-marshall-not-the-megasite
-30-

Address

P. O. Box 641, Marshall MI
Marshall, MI
49068

Website

https://www.committeeformarshallmi.com/

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