Nik Rajkovic / news@whmi.com

Howell Township Trustee Shane Fagan scored a legal victory Wednesday when a District Court judge tossed out the township's appeal against him over an ordinance violation.

Fagan was cited $100 for running a business out of his home, but he fought back, claiming the township's ordinance was too vague and not enforced equally.

"That business moved out in November 2024. This is, by definition, a moot issue that the township has relentlessly pursued, spending what I believe is almost $32,000 and counting," Fagan told WHMI News.

"What's next for me as a trustee, is to address the ambiguity within the township's ordinances that have allowed them to weaponize the law against its own residents and against its own board member."

Attorney David Szymanski, who represented Howell Township in the case, issued the following statement to WHMI News:

"The Court kept the finding that Mr. Fagan was responsible and said there was no need to dig deeper into the other issues. From our perspective, that means the ruling from the District Court does not set precedent for any future cases. The Township can continue to strictly apply its Zoning Ordinance by looking at each property on a case-by-case basis and making sure the same rules apply to everyone.

"Of course, the Township Board will take a look at the ruling, but we’re comfortable with where things ended up. The goal was to ensure that the Township could continue to protect its residents, and that was accomplished. Nothing opens the door for new lawsuits or changes in how the Township can administer and handle enforcement. If anything, it reinforces that zoning cases depend on the facts of each situation.

"I also want to clarify that this was never about one person-it was about protecting fair and consistent zoning for all residents. The decision gives the Township good direction, and the Township will keep doing its part to apply the zoning rules fairly and responsibly moving forward."