By Jon King / jking@whmi.com


A motion has been filed to dismiss a lawsuit against Genoa Township after it denied plans for a controversial chapel and religious sanctuary space.

Missouri-based Catholic Healthcare International (CHI) filed the lawsuit in June after the township rejected a plan to construct a 6,000-square-foot chapel on a 40-acre parcel, located on the west side of Chilson Road and south of Crooked Lake Road.

It was filed in U.S. District Court in Detroit against both the township and its Ordinance Officer Sharon Stone. CHI alleges the Township violated the First and Fourteenth Amendments, the Michigan Constitution, and the Religious Land Use and Institutionalized Persons Act when it "substantially burdened and unlawfully infringed upon Plaintiffs’ rights to religious exercise, religious expression, and expressive association."

In a filing made July 26th, both the township and Stone say the suit should be dismissed as the claims made by the plaintiff, CHI President Jere Palazzolo, lack proper legal standing as they “have failed to allege facts establishing that Mr. Palazzolo has suffered an injury that is “actual or imminent” nor that “a substantial burden” has been placed upon their religious freedom.

The land in question is zoned agriculture/country estates with the proposed chapel strongly opposed by neighbors who said it went against the Township’s master plan, and would generate large volumes of traffic and noise from thousands of potential “pilgrim” visitors. Many felt the project would not be consistent with the current zoning and general rural character of the area. Opponents also claimed that CHI had ulterior motives about larger plans for a medical hospital. Despite contradictory messages presented at meetings versus what was on CHI’s website, project representatives repeatedly refuted those allegations, saying such facilities could never be built there due to a lack of infrastructure.

While the township planning commission had recommended approval of the plan, it was later denied by the township board in a 5-2 vote. The lawsuit seeks a jury trial in pursuit of “compensatory damages for the harm caused by Defendants” including “reasonable attorneys’ fees, costs, and expenses.”

A November 4th hearing is set on the township’s motion to dismiss the lawsuit.