Marshall Township and City of Marshall may face litigation

Transparency of the Marshall township Board and Marshall City Council called into question.

The Legal Issue
 
Marshall Township and the City of Marshall entered into a “Master 425 Development Agreement” on February 9, 2022.  The Master 425 Agreement dated February 9, 2022, if considered a PA 425 agreement, is illegal, as no public hearing was held.  If the Master 425 Agreement dated February 9, 2022 is not considered a PA 425 agreement, it is still illegal as it restricts the ability for the City Council or Township Board from voting against a PA 425 transfer or call for a referendum.  The board of Marshall Township cannot be compelled to act against the wishes of its citizens and State of Michigan statute by any agreement between parties.  In addition, the Master 425 Agreement should be made null and void as it is illegal, and the City of Marshall be made aware of this situation.
 
There is now (4) PA 425 transfer before the Marshall Township board to create a Mega Industrial Site from farmland, against the wishes of the citizens of Marshall Township.  Residents have asked for a referendum, but have now been told that the risk of legal action (due to the Master 425 Development Agreement) and the wishes of the citizens of Marshall Township will be overruled by this board.
 
At the 2.5 hour Marshall Township public hearing on January 16th, a standing room only crowd of more than 100 people packed the room to speak against the PA 425 transfers of land to the City of Marshall for a Mega-Site.  This included citizens from the township as well as the City, including our new County Commissioner.  And again at the 2-hour City of Marshall Public Hearing on January 17th, a crowd which stretched out the doors of the Council Chambers attended to express their opposition.  Of the the 38 people who were able to speak, 30 expressed their opposition to the transfer. Of the eight expressing their wish for the transfers, several were either on the board (including Matt Davis and Richard Lindsey) or employed by the Marshall Area Economic Development Alliance and the former city mayor (Jim Dyer) who stated he helped to initiate the proposed "MegaSite." 

What is the PA 425?
 
PA 425
 
124.24 Public hearing; notice; majority vote required.
Sec. 4.
  (1) The legislative body of each local unit affected by a proposed transfer of property under this act shall hold at least 1 public hearing before entering into a contract under this act. Notice of the hearing shall be given in the manner provided by the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws.
  (2) A decision to enter into a contract under this act shall be made by a majority vote of those members elected and serving on the legislative body of each affected local unit.
 
124.25 Compliance as condition to entering into contract; resolution; referendum; approval by majority of electors; petition; effect of not filing petition or adopting resolution.
Sec. 5.
    (2) If the governing body of a local unit involved in a transfer of property under this act adopts a resolution calling for a referendum on the transfer, the local unit may enter into the contract only if the transfer is approved by a majority of the electors voting on the transfer.

Special Meeting of the Marshall Township Board
Thursday, January 26, 2023 @ 7pm 
Regarding Land Transfer of "Marshall Megasite" from Marshall Township to the City of Marshall.  
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