By Matthew Hutchison / news@whmi.com

Brighton Township is asking a Livingston County judge to dismiss an appeal filed by a resident-led lake organization challenging the township’s approval process for a proposed condo development on Woodland Lake.

A hearing is scheduled Thursday in 44th Circuit Court before Judge Susan Longsworth. The appeal was filed by the Organization of Woodland Lake, known as OWL, after the Brighton Township Board of Trustees approved a rezoning request tied to The Cove at Woodland Lake.

OWL officials say they are not opposed to development of the property, but object to the process Brighton Township used in approving the proposal. The group has raised concerns about whether township officials gave proper weight to planning standards, public safety, environmental impacts and long-term costs tied to water quality.

The hearing comes just days after township trustees unanimously approved a preliminary site plan for the project on June 15.

The Mitch Harris Building Company is seeking to build 39 condominiums and eight docks on more than 42 acres of vacant property south of Dann Drive and North Christine Drive. The site has been described as the last undeveloped parcel along Woodland Lake.

OWL previously praised a January vote by the Livingston County Planning Commission recommending denial of the requested zoning change associated with the proposed Planned Unit Development. The county commission cited concerns involving consistency with adopted planning standards, environmental protection, infrastructure capacity and public safety, including emergency access for fire and emergency vehicles.

In a press release at the time, OWL said the county had identified “serious planning, safety, and environmental concerns” and urged Brighton Township officials to “respect this recommendation and uphold responsible land-use decisions that protect public safety, natural resources, and the long-term interests of the community.”

The group has also raised concerns about long-term costs tied to water quality, including nutrient loading, algae treatment, lake management and other remediation expenses it says would fall to lake residents rather than the developer.

The Brighton Township Planning Commission recommended approval of the site plan June 8. No members of the public attended the June 15 township board meeting, though residents and OWL members have previously raised objections during the review process.

The pending court issue is whether OWL’s appeal of the rezoning approval will be allowed to move forward or be dismissed.