Ottawa County Circuit Judge John Doe is presiding over a pivotal bench trial that could determine the fate of the Silver Maple Solar Farm, a 200‑megawatt utility‑scale project slated to span 1,900 acres across Zeeland and Jamestown townships. The dispute centers on whether RWE Solar Development properly exercised its option agreements with the Smallegan family before the contractual deadline of Nov. 19, 2025.
Background on the project and agreements
In 2020, members of the Smallegan family signed option agreements with RWE covering roughly 562.8 acres of their farmland – about 30% of the land needed for the solar farm. The contracts gave RWE five years to evaluate the property and, if satisfied, to lease it for solar development. During that period the family received annual option payments while RWE conducted feasibility studies.
RWE maintains that it exercised its options before the deadline, thereby securing the right to move forward with the project. The developer argues that the disputed acreage is essential; losing it would significantly reduce the farm’s generating capacity.
Testimony on notice delivery
Both sides focused on whether RWE actually delivered the required notices. RWE’s development manager, Joseph Brochu, testified that the notices were prepared in the company’s Austin, Texas office, emailed to the Smallegan family’s farm email account on Nov. 14, 2025, and shipped via FedEx the same day. He asserted that under contract clause 10.6, depositing the documents with FedEx constitutes legal delivery, regardless of whether the family opened them.
The Smallegan family – Patricia, James, and Kristi – testified they never received the notices. James Smallegan explained that the farm’s email account is managed by his sister, Sherry Egan, and that he never saw the email. “If you don’t have it, it’s not delivered,” he said. Patricia Smallegan added that she deposited two checks of over $140,000 each after RWE claimed to have exercised the options, but she did not view those payments as confirmation that the project could proceed.
Payments and ownership changes
After the disputed deadline, RWE sent two checks to Patricia Smallegan, each exceeding $140,000. RWE argues the payments demonstrate the agreements remained in effect. However, Patricia testified she did not consider the checks as approval to move forward.
Complicating matters, portions of the original leased property changed hands after the death of family patriarch Jim Smallegan. Daniel Kerkstra, soon to become Zeeland Township supervisor, purchased a parcel in 2025 and testified he was never told the land was tied to RWE’s agreements. RWE later released his property from the project after learning of the purchase. Unlike the Smallegans, Kerkstra said he did receive and open a notice package, which RWE cites as evidence that its notification process works.
Legal arguments
Defense attorney David Delaney argued that RWE failed to prove actual delivery of the notices to the Smallegan family. He highlighted gaps in the delivery chain, noting that the FedEx package may have sat in a basket in Austin on Nov. 13 before being shipped.
RWE attorney Brandon Hubbard countered that the contract does not require proof of physical receipt; depositing the documents with FedEx satisfies the delivery requirement. He emphasized that the contractual language is clear on this point.
Potential impact
If the judge rules in favor of RWE, the solar farm could proceed as planned, providing enough electricity to power more than 34,000 homes and contributing to Michigan’s renewable‑energy goals. Conversely, a ruling for the Smallegan family could force RWE to redesign the project, potentially reducing its capacity and delaying clean‑energy benefits for the region.
The case underscores the importance of clear communication and proper notice in land‑use agreements, especially as Michigan seeks to balance agricultural heritage with the transition to renewable energy.
Original reporting: FOX 17 WXMI Grand Rapids (local) — read the source article.
