TESA Legal Update: 12.14.21

Here is important information from TLPA’s friends at TESA about the upcoming

Milton Township Hearing on January 3, 2022

December 9, 2021
To Concerned Citizens,
Legal Injunction Update: On Wednesday December 8, TESA had its second court appearance before
the Michigan 13th Circuit Court (Hon. Thomas G. Power presiding). Attorneys for TESA (the plaintiff)
and the Developer and the Antrim County Conservation District (Co-Defendants) presented their
arguments to Judge Power. It was our goal to seek a preliminary injunction to limit the Defendant’s
excavation activities.
As you know, it has been our belief that the Developer has been using the guise of remediation of the
property to do excavation that meets his RV Park plan. While we acknowledge that he has done some
remediation, we believe his plan falls short of what is needed to fully stabilize the site and has, in fact,
been constructing his RV park.
After hearing arguments from both sides Judge Power retired to his chambers. Upon returning Judge
Power rendered the following decision:
The Defendant may not cut or remove any tree or trees from their property ID for any reason;
The Defendant may not conduct any land surface alteration and earthwork on the property, including
but not limited to, excavating, bulldozing, grading, and deposition of soils, except as authorized herein;
The Defendant may not engage in any further development of the property including the creation of
new access roads to, from or within the property.
This is a strong win for TESA. We now have additional means to limit the Developer’s attempts to build
his RV park. I will point out that Judge Power faulted the Defendant several time for clear cutting the
property and leaving the land exposed for so long that it was inevitable that the eventual rainstorms in
2020 and 2021 would cause the erosion damage that they did.
This order will remain in effect until further order of the court.
Important Public Hearing: Please mark your calendars for January 3, 2022 at 6PM. The Developer
has submitted a second Special Land Use Application to build the RV Park and there is a Public
Hearing scheduled at 6:00 pm at the Milton Township Offices 7023 Cherry Street Kewadin, MI 49648.
Please attend in person if you can. It will also be available on Zoom. Check the Township website: or the TESA website for the Zoom link.
Also, please write to The Milton Township Planning Commission with your thoughts and concerns about
this proposed RV park. Get your letters in by December 20 to make sure they are read. THANK YOU!
John Spevacek, TESA President
1. Email (preferred) to
2. Mailed to:
Sara Kopriva
Milton Township Zoning Administrator
PO Box 309
Kewadin, MI 49648
3. Delivered to:
Sara Kopriva (handing to clerk or others in the
office is OK )
Milton Township office
7023 Cherry St.
Kewadin, MI 49648
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