This case was last updated from U.S. District Courts on 08/02/2022 at 11:06:29 (UTC).

Wineries of the Old Mission Peninsula Assoc. et al v. Peninsula, Township of

Case Summary

On October 21, 2020, Wineries of the Old Mission Peninsula Assoc., Bowers Harbor Vineyard & Winery, Inc., Brys Winery, Lc, Chateau Grand Traverse, Ltd, Chateau Operations, Ltd, Grape Harbor, Inc., Montague Development, Llc, Ov The Farm, LLC, Tabone Vineyards, Llc., Two Lads, LLC, Villa Mari Llc And Winery At Black Star Farms, L.L.C. (collectively “Plaintiffs”), represented by Christopher J. Gartman, Joseph M. Infante and Stephen M. Ragatzki of Miller Canfield Paddock & Stone PLC (Grand Rapids), filed a civil rights lawsuit against Peninsula Township (“Defendant”), represented by Christopher S. Patterson and John S. Brennan of Fahey Schultz Burzych Rhodes PLC, John Stephen Gilliam of Plunkett Cooney (Bloomfield Hills), Matthew T. Wise of Foley & Mansfield PLLP, seeking injunctive relief and damages for alleged violation of Plaintiffs’ Federal constitutional rights and violating Michigan law. This case was filed in the U.S. District Courts for the Western District of Michigan, with Judges Ray Kent and Paul L. Maloney presiding. 

In the complaint, Plaintiffs stated “This matter relates to a set of ordinances governing the operation of wineries enacted by Peninsula Township which violate Plaintiffs’ Federal constitutional rights and violate Michigan law.”

Plaintiffs alleged “For more than a year, Plaintiffs and their counsel have attempted to work with Peninsula Township on these issues and Peninsula Township has admitted that the ordinances discussed below violate Plaintiffs’ constitutional rights and are preempted by Michigan law.”

Plaintiffs further alleged “Peninsula Township has adopted various ordinances directed at wineries located within the township which control all aspects of the business including the content of commercial speech, restrictions on the free exercise of religion, groups and organizations that may use winery facilities, hours of operation, dictating that wineries use in-township suppliers, requiring commercial speech to favor local businesses and requiring pre-approval of commercial speech.”

Plaintiffs also alleged “In limiting Guest Activity Uses and requiring prior Peninsula Township Board approval of such activities, Peninsula Township specifically states in its ordinance that its intent was to “assure that, in addition to the minimum parcel size required for a Winery-Chateau, there is additional farm land in wine fruit production in Peninsula Township if Guest Activity Uses are allowed to take place at a Winery-Chateau facility.” Section 8.7.3(10)(u)1(a).”

Plaintiffs additionally alleged “In the redraft, Peninsula Township stated that wine tastings, winery tours, political rallies and free entertainment without fee are now Guest Activities subject to the restrictions discussed above when the current ordinances state these are not Guest Activities.”

Plaintiffs presented ten claims for relief including allegations of Facial Challenge to Violation of Freedom Of Speech, Freedom Of Expression And Free Exercise Of Religion and Freedom of Association Under The First And Fourteenth Amendments (42 U.S.C. § 1983), violation of Due Process, dormant commerce clause, regulatory taking, state law preemption, violation of Michigan Zoning enabling act and injunctive relief. 

In the prayer for relief, Plaintiffs requested a judgment seeking injunctive relief, along with an award of monetary damages together with reasonable costs, including attorneys’ fees. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-01008

  • Filing Date:

    10/21/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Referral Judge

Ray Kent

Presiding Judge

Paul L. Maloney

 

Party Details

Plaintiffs

Chateau Grand Traverse LTD, Inc.

Grape Harbor Inc.

Tabone Vineyards, LLC

Winery at Black Star Farms LLC

Montague Development, LLC

Chateau Operations, Inc.

OV The Farm LLC

Villa Mari, LLC

Two Lads, LLC

Bowers Harbor Wineyard & Winery, Inc.

Wineries of the Old Mission Point

Brys Winery, LC

Chateau Operations, Ltd

Bowers Harbor Vineyard & Winery, Inc.

Chateau Grand Traverse, Ltd.

Wineries of the Old Mission Peninsula Assoc.

Petitioner

Protect the Peninsula, Inc.

Defendants

Peninsula Township

Peninsula, Township of

Not Classified By Court

Facilitative Mediator

Attorney/Law Firm Details

Plaintiff Attorneys

Joseph Mikhail Infante

Attorney at Miller Canfield Paddock & Stone PLC (Grand Rapids)

99 Monroe Ave., Nw, Ste. 1200

Grand Rapids, MI 49503

Stephen Michael Ragatzki

Attorney at Miller Canfield Paddock & Stone PLC (Grand Rapids)

99 Monroe Ave., Nw, Ste. 1200

Grand Rapids, MI 49503

Christopher James Gartman

Attorney at Miller Canfield Paddock & Stone PLC (Grand Rapids)

99 Monroe Ave., Nw, Ste. 1200

Grand Rapids, MI 49503

Scott Robert Eldridge

Attorney at Miller Canfield (Lansing)

One Michigan Ave., Ste. 900

Lansing, MI 48933

Petitioner Attorneys

Holly L. Hillyer

Attorney at Olson Bzdok & Howard PC

420 E Front St.

Traverse City, MI 49686-2614

Tracy Jane Andrews

Attorney at Law Office of Tracy Jane Andrews, PLLC

420 E. Front Street

Traverse City, MI 49686

Defendant Attorneys

Christopher Scott Patterson

Attorney at Fahey Schultz Burzych Rhodes PLC

4151 Okemos Rd.

Okemos, MI 48864

Eric Paul Conn

Attorney at Jacobs & Diemer

500 Griswold, Ste. 2825

Detroit, MI 48226

Gregory M. Meihn

Attorney at Foley & Mansfield PLLP

130 E Nine Mile Rd.

Ferndale, MI 48220

John Seamus Brennan

Attorney at Fahey Schultz Burzych Rhodes PLC

4151 Okemos Rd.

Okemos, MI 48864

John Stephen Gilliam

Attorney at Plunkett Cooney (Bloomfield Hills)

38505 Woodward Ave., Ste. 100

Bloomfield Hills, MI 48304

Matthew T. Wise

Attorney at Foley & Mansfield PLLP

130 E Nine Mile Rd.

Ferndale, MI 48220

Timothy Allen Diemer

Attorney at John P. Jacobs PC

500 Griswold St., Ste. 2825

Detroit, MI 48226

William K. Fahey

Attorney at Foster Swift Collins & Smith PC (Lansing)

313 S Washington Sq.

Lansing, MI 48933

Not Classified By Court Attorney

Joseph E. Quandt

Attorney at Kuhn Rogers PLC

P.O. Box 987, 412 S Union St.

Traverse City, MI 49684

 

Court Documents

#217

(#217) CERTIFICATE OF SERVICE by defendant Peninsula, Township of for Expert Report of Michael N. Kahaian CPA/ABV, CFF, CVA Dated July 29, 2022 served on all counsel via e-mail and U.S. Mail (Conn, Eric) (Entered: 07/29/2022)

216 #7

Exhibit 7

216 #6

Exhibit 6

216 #5

Exhibit 5

216 #4

Exhibit 4

#216

(#216) RESPONSE in opposition to PROPOSED SEALED MOTION to Strike Supplemental Expert Report by defendant Peninsula, Township of #199 with certificate of compliance filed by Bowers Harbor Vineyard & Winery, Inc., Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Assoc., Winery at Black Star Farms LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Infante, Joseph) Modified text on 7/29/2022 (mlc). (Entered: 07/28/2022)

#2

1 #7

Exhibit 7

1 #6

Exhibit 6

1 #5

Exhibit 5

1 #4

Exhibit 4

1 #3

Exhibit 3

1 #2

Exhibit 2

1 #1

Exhibit 1

#1

556 More Documents Available
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Docket Entries

  • 08/01/2022
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  • Docket(#218) SUPPLEMENTAL SEALED EXHIBIT F by defendant Peninsula, Township of re SEALED MOTION to Strike Expert by defendant Peninsula, Township of ; filed under seal pursuant to order 75 dated 7/30/21 #175 ; filed under seal pursuant to order ECF 196 (Attachments: #1 Exhibit F to ECF 175 - Motion to Strike Expert) (Conn, Eric) (Entered: 08/01/2022)

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  • 08/01/2022
  • Docket(NON-DOCUMENT) ATTORNEY APPEARANCE of Holly L. Hillyer on behalf of movant Protect the Peninsula, Inc. Proposed Intervenor (Hillyer, Holly) (Entered: 08/01/2022)

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  • 07/29/2022
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  • Docket(#217) CERTIFICATE OF SERVICE by defendant Peninsula, Township of for Expert Report of Michael N. Kahaian CPA/ABV, CFF, CVA Dated July 29, 2022 served on all counsel via e-mail and U.S. Mail (Conn, Eric) (Entered: 07/29/2022)

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  • 07/28/2022
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  • Docket(#216) RESPONSE in opposition to PROPOSED SEALED MOTION to Strike Supplemental Expert Report by defendant Peninsula, Township of #199 with certificate of compliance filed by Bowers Harbor Vineyard & Winery, Inc., Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Assoc., Winery at Black Star Farms LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Infante, Joseph) Modified text on 7/29/2022 (mlc). (Entered: 07/28/2022)

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  • 07/27/2022
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  • Docket(#215) OPINION and JUDGMENT of USCA re appeal #121 Opinion and Judgment filed; Reversed and Remanded; Mandate to Issue (mlc) Modified text on 7/27/2022 (mlc). (Entered: 07/27/2022)

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  • 07/25/2022
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  • Docket(#214) RESPONSE in opposition to SEALED MOTION to Strike Expert by defendant Peninsula, Township of ; filed under seal pursuant to order 75 dated 7/30/21 #175 with certificate of compliance filed by Bowers Harbor Vineyard & Winery, Inc., Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Facilitative Mediator, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Assoc., Winery at Black Star Farms LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Infante, Joseph) Modified text on 7/26/2022 (mlc). (Entered: 07/25/2022)

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  • 07/25/2022
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  • Docket(#213) RESPONSE in opposition to SEALED MOTION In Limine by defendant Peninsula, Township of ; filed under seal pursuant to order 75 #189 with certificate of compliance filed by Bowers Harbor Vineyard & Winery, Inc., Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Facilitative Mediator, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Assoc., Winery at Black Star Farms LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Infante, Joseph) Modified text on 7/26/2022 (mlc). (Entered: 07/25/2022)

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  • 07/21/2022
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  • Docket(#212) MINUTES of status conference held by video conference before Magistrate Judge Ray Kent (Proceedings Digitally Recorded) (sjc) (Entered: 07/21/2022)

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  • 07/21/2022
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  • Docket(#211) ORDER denying #173 motion to alter judgment and motion for certificate of appealability #176 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 07/21/2022)

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  • 07/21/2022
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  • Docket(#210) NOTICE OF MOTION HEARING regarding document numbers #199 , #182 , #189 , #175 : motion hearings are set for 8/5/2022 at 10:00 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Ray Kent; (fhw) (Entered: 07/21/2022)

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224 More Docket Entries
  • 10/23/2020
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  • Docket(#9) CORPORATE DISCLOSURE STATEMENT by Chateau Grand Traverse, Ltd. (Infante, Joseph) (Entered: 10/23/2020)

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  • 10/23/2020
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  • Docket(#8) CORPORATE DISCLOSURE STATEMENT by Brys Winery, LC (Infante, Joseph) (Entered: 10/23/2020)

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  • 10/23/2020
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  • Docket(#7) CORPORATE DISCLOSURE STATEMENT by Bowers Harbor Vineyard & Winery, Inc. (Infante, Joseph) (Entered: 10/23/2020)

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  • 10/22/2020
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  • Docket(#6) SUMMONS ISSUED as to defendant Peninsula, Township of (pjw) (Entered: 10/22/2020)

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  • 10/22/2020
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  • Docket(#5) NOTICE that this case has been assigned Paul L. Maloney ; with NOTICE OF DEFICIENCY re corporate disclosure statement (pjw) (Entered: 10/22/2020)

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  • 10/22/2020
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  • DocketFILING FEE PAID re #1 by attorney Joseph Infante on behalf of plaintiffs in the amount of $400; receipt number AMIWDC-5835544 (tlbu) Modified text on 10/22/2020 (tlbu). (Entered: 10/22/2020)

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  • 10/21/2020
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  • Docket(#4) PROPOSED SUMMONS to be issued re #1 (Infante, Joseph) (Entered: 10/21/2020)

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  • 10/21/2020
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  • Docket(#3) BRIEF in support of MOTION for preliminary injunction #2 filed by Plaintiffs (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Infante, Joseph) Modified text on 10/22/2020 (pjw). (Entered: 10/21/2020)

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  • 10/21/2020
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  • Docket(#2) MOTION for preliminary injunction by Plaintiffs (Infante, Joseph) Modified text on 10/22/2020 (pjw) (Entered: 10/21/2020)

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  • 10/21/2020
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  • Docket(#1) COMPLAINT against Defendant filed by All Plaintiffs (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Infante, Joseph) Modified text 10/22/2020 (pjw). (Entered: 10/21/2020)

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