Judge Scuttles $563,000 Ottawa County Grant for Lake Restoration

A Michigan Court of Claims judge has delivered a significant blow to environmental restoration efforts in Ottawa County, invalidating a state grant worth $563,000 that was earmarked for crucial lake and stream improvements. The ruling, issued by Hon. Brock Swartzle, determined that Ottawa County failed to follow proper legal procedures when accepting the funds, effectively halting the projects.

The grant, sourced from the Michigan Department of Environment, Great Lakes, and Energy (EGLE), was intended to fund restoration initiatives primarily within Holland Charter Township and Zeeland Charter Township.

These projects aimed to enhance the health and ecological balance of local waterways, which are vital to the region's natural beauty and recreational appeal.

The legal challenge was mounted by the Ottawa County Republican Party, specifically through Stand Up For Ottawa, Inc., and its vice president, Joe Moss – who also serves as an Ottawa County Commissioner and is a prominent figure in the Ottawa Impact majority.

The lawsuit argued that the current Ottawa County Board of Commissioners, controlled by Ottawa Impact, had unlawfully accepted the grant.

According to Judge Swartzle's order, the core issue revolved around a failure to adhere to Michigan law MCL 46.10b. This statute mandates that a county board must approve the acceptance of a gift or grant by a two-thirds vote.

While the current board did vote 6-1 to accept the grant, the judge found that the crucial procedural step of obtaining approval from the previous board, which had initially sought the grant, was not properly satisfied.

Commissioner Moss, representing the plaintiffs, championed the decision, stating that it validates their commitment to ensuring legal compliance in county governance.

He emphasized that the focus was on upholding the rule of law, regardless of the merits of the grant itself, setting a precedent that procedural correctness is paramount.

The invalidated grant brings to light the ongoing tensions within Ottawa County's political landscape. The Ottawa Impact-led board has previously faced scrutiny for its approach to state funding, having controversially rejected several other state grants since taking power.

This specific grant, though eventually accepted by the new board, became a focal point for the legal challenge based on the process of its adoption.

The immediate consequence of the ruling is that the $563,000 will no longer be available for the proposed lake and stream restoration projects, leaving their future uncertain.

Holland Charter Township Manager Kyle Krivas expressed disappointment, noting that the township had anticipated using these funds to address significant environmental needs in the area. The ruling underscores the complexities and potential roadblocks that can arise when political shifts intersect with established legal frameworks for securing and utilizing public funds.

Attorneys for Stand Up For Ottawa applauded the court's clarity, asserting that the decision sends a clear message about the importance of adhering to statutory requirements.

This ruling will likely resonate beyond Ottawa County, prompting other local governments to meticulously review their own procedures for accepting grants and gifts to avoid similar legal challenges.