Opponents of the proposed airstrip in Leighton Township were dealt two blows in Allegan County Circuit Court earlier this month.
New Circuit Judge Roberts Kengis, who just began duties earlier this year, ruled twice against neighbors of the proposed Galloway Landings airstrip near the corner of Kalamazoo Avenue and 144th Avenue. The airstrip was proposed by developers Clark Galloway and Steve Deer. The Leighton Township Board approved the project in a 4-0 vote earlier this year, with Deer abstaining because of a conflict of interest.
Kengis denied requests for injunctive relief from Kate and James Scheltema, Mark and Melissa Ouwinga, Doug and Michelle Wiltjer, David and Jane Zylstra, Robert and Sue Scheerhorn and Kenneth and Cheryl Kooistra, who are neighbors of the project. They had asked the court to halt the takeoffs and landings on the property formerly owned by Bill and Rita Martin and used as a makeshift rural airstrip from the mid-1970s until around 2010. They maintained the activity served as a nuisance and trespass.
Kengis also confirmed the decision by the Leighton Township Zoning Board of Appeals that continuing use of the old air field would be an approved non-conforming use. Opponents said the fact it had rarely been used made it non-conforming.
Eugenie Eardley of the Eardley law firm, however, pointed out that, “The Scheltemas filed an application for leave to appeal to the Michigan Court of Appeals Tuesday on the zoning decision. The trespass claim was dismissed as a matter of law, but the nuisance issue proceeds both as an issue of injunctive relief and damages.”
The issue isn’t entirely settled because neighbors of the project succeeding in gathering enough petition signatures to submit the decision of the Township Board to voters in the township in a referendum on the Aug. 7 primary election ballot.
The airstrip battle has been raging for more than two years, as Galloway first submitted his proposal in 2016 and the Planning Commission, Township Board and ZBA have been deliberating, sometimes before packed crowds.
The Sheltemas particularly have been the most vocal voices against the airstrip because they maintain it will disturb animals at their force farm and discourage clients from using the facilities. They also insist it’s not a proper use of a rural agricultural area.
This is inaccurate. The Scheltemas filed an application for leave to appeal to the Michigan Court of Appeals yesterday on the zoning decision. The trespass claim was dismissed as a matter of law, but the nuisance issue proceeds both as an issue of injunctive relief and damages. The matter is far from settled.
My apologies. I overlooked the part of the judge’s ruling that noted the appeal. It now is included in story. Thank you for point out the error.