An Ottawa County judge has ruled that RWE Solar can take possession of 562 acres belonging to the Smallegan family, clearing the way for the company to begin preparing the land for its proposed Silver Maple Solar project even as the broader fight over the farm's fate continues. Circuit Judge Jon Hulsing's decision, issued Wednesday, means James and Patricia Smallegan can no longer enter the farmland, though they were granted temporary access to their homes and to the property as necessary to care for livestock. Friends or neighbors they once allowed onto the property will be barred as well.
According to MLive.com, the ruling also allows RWE to immediately eliminate crops and other uses on the land that conflict with its new possessory right. The dispute traces back to a five-year option agreement James Smallegan's father signed in 2020, which covered hundreds of acres of family farmland, according to fox17online.com. Fox 17 reports the land at the center of the case totals about 562.8 acres, a figure that rounds closely to the 562-acre number cited in MLive's account of the ruling.
A Contract Dispute Over Studies vs. a Long-Term Lease
James and Patricia Smallegan believed the agreement they signed covered only studies of the land, not a long-term lease option, but Judge Hulsing found the lease option's language was clear when he issued his ruling. RWE maintains it properly exercised the option agreements before a Nov. 19, 2025 deadline, executing the agreement just three days before that expiration, while the Smallegans argue they never received the notices required to activate it, the station's report notes. Patricia Smallegan went on to deposit two checks worth more than $140,000 each after RWE said it had exercised the agreements, a detail that has become part of the ongoing legal wrangling.
RWE sued James and Patricia Smallegan this year after they refused to honor the option agreement over use of their farmland. The acreage at stake represents roughly one-third of the land RWE needs for the full Silver Maple project, which the company plans to build across Zeeland and Jamestown townships.
What Silver Maple Would Mean for West Michigan
RWE is pursuing Silver Maple as a 200-megawatt solar farm. Fox 17 reports the project would span about 1,900 acres. Cost estimates for the project also vary between sources: The Detroit News put the price tag at $330 million for the 35-year project, while other reporting has cited a $300 million figure. Either way, Fox 17 reports the finished project is expected to generate enough electricity to power more than 34,000 homes.
The project has drawn sustained pushback from residents in Zeeland and Jamestown townships, who fear it will consume too much valuable farmland and create environmental hazards. About 100 people attended a public meeting earlier this year, and most speakers voiced concerns about the project. Opponents have also raised concerns about farmland and other issues.
A Parallel Fight Over State Authority
Beyond the Smallegan property dispute, Silver Maple's path to approval runs through the Michigan Public Service Commission, where RWE filed an application in early April seeking the green light for the project, according to the legalnews.com report. Zeeland Charter Township has gone further, suing to challenge the constitutionality of Public Act 233 — the 2023 state law that shifted siting authority for utility-scale wind, solar and energy-storage facilities to the commission, according to fox17online.com. Under that law, a proposed energy facility must not unreasonably diminish farmland or pose an unreasonable threat to public health or safety, per the Michigan Legislature's text of the statute.
The commission's review of Silver Maple has been on hold since Administrative Law Judge James Varchetti issued a scheduling memorandum on July 6, 2026, suspending all dates in the case while RWE evaluated a Michigan Court of Appeals decision. That appellate ruling broadened the definition of an affected local unit in siting cases, meaning Ottawa County could now be eligible to intervene in the state review alongside the township. Legalnews.com reports the Court of Appeals found that any governmental unit where an energy facility is proposed, including counties, may seek intervenor status before the commission. The state approval process is expected to continue into 2027, leaving both the Smallegan land dispute and the township's constitutional challenge to play out alongside it.
