Editor’s note: Below are excerpts from a press release by Michigan Citizens for Water Conservation.
The citizens of Osceola township in Evart, Michigan received their just reward for several years of legal battle to enforce their own zoning ordinance in the face of Nestlés’ bullying tactics and corporate clout. The Michigan Court of Appeals reversed the decision of the Circuit Court which had ordered the township to issue a permit for a booster station in spite of its violation of local zoning ordinance.
Nestlé argued that their commercial bottled water operation is an “essential public service.” The Appeals Court said it is not. The Court simply showed “there is no legal or factual basis for considering plaintiff’s commercial water bottling operation to be a ‘public water supply’ under Michigan Safe Drinking Water Act.”
Nestlés’ claimed that public opposition to its operation improperly influenced members of the Zoning Board and the Planning Commission. The court ruled that such bodies cannot violate the law in making rulings consistent with the wishes of its constituents, but in this case, they were following the law. The Court added that people have the right to locally elect their government officials and, “that it would be improper for [local officials] to fail to take popular opinion into account.” Maryann Borden, MCWC member and Osceola Township resident says, “… Finally the Court has taken us seriously and the law has prevailed.”
Contact Peggy Case, President MCWC, at 231-275-2244, or via e-mail at hildaheron@aol.com/
See complete Michigan Citizens for Water Conservation Press Release below:
http://www.peoplestribune.org/latest-news/2019/12/10/water-victory-against-nestle/
