Shortly after the Addison Township Board voted in favor of the controversial Verizon monopole that will be erected across the road from Kingsbury Country Day School, Phillip Maxwell, the attorney representing the school, spoke during public comment at the Oct. 15 meeting to inform officials that the school will be filing a lawsuit against the municipality.

In November 2017, the school appealed the Zoning Board of Appeals’ second decision to grant a variance for the monopole. The appeal resulted in a court order for a second public hearing on the matter, which allowed the public and concerned parties to speak their minds, but did not result in the ZBA changing its decision.

Since then, the planning commission approved the monopole and the township board did the same.

Maxwell said his client will be suing the township on constitutional grounds, citing law that a public body cannot vote on a matter that will benefit it. Addison will receive $17,000 annually from Verizon with a 1.5 percent increase each year. Officials say the money will go into the township budget. There has been no indication the funds will personally benefit any township officials.

“When a tribunal or a body is making a decision, if they profit financially from the decision, it’s a big no-no under constitutional law,” Maxwell said.

Maxwell said he thinks the case will “set precedent” and be a textbook example of both the state and national constitutions at work.

“We’re challenging your actions on constitutional grounds, under the due process clause in the U.S. Constitution and the Michigan State Constitution, for having a biased forum in the Zoning Board of Appeals,” he said.

The forum he referred to is the ZBA’s discussion and the aforementioned public hearing, which Maxwell argues did not make an effort to listen to the public, which resulted in unethical and illegal decisions by the board. Maxwell insisted he and his client will not stop until the case reaches “the highest level.”

Maxwell referred several times to statements made at the meeting by Addison resident Amanda Shelton. Shelton was part of the November 2017 appeal of the ZBA’s approval. Shelton was denied approval for a “private riding arena” when she first moved to Addison and said she has been frequently disappointed with the local government since then.

“It just all feels very disingenuous,” Shelton said. “As a citizen in this township, I have to say I’m very disappointed.”

Both Maxwell and Shelton take issue with the township board’s, planning commission’s and ZBA’s votes, saying the board is changing its own laws to benefit itself. One of the examples given was the 20-acre radius requirement for cell towers among other structures. The ZBA granted the township a variance to not follow that requirement with this monopole, as the tower will be just 90 feet from Kingsbury.

Township Supervisor Bruce Pearson said he isn’t worried about the case and is confident he and his fellow officials have followed all of the necessary laws during the tower approval process. Since all other legal battles regarding this matter have been decided in the township’s favor, Pearson is unsure if the appellate court will even hear the case. If an appellate court agrees with the decision and process of a circuit court, it reserves the right to not hear a case.

“(This matter) has already been reaffirmed in the (circut) court… I don’t know if the court of appeals will hear it,” Pearson said.

Pearson said in light of this most recent lawsuit, Addison has provided the court with the documents necessary to show what Pearson says is proof of due diligence and correct process by the township.