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Sept. 26, 2002
By JOHN CHARLES ROBBINS
Staff writer
Still waters run deep and so does bad blood.
The festering discord between neighbors Fillmore Township and the city of Holland was evident throughout a 2 1/2 hour
public hearing Wednesday, held to gather input on a petition to annex more township land into the city.
More than 50 citizens and officials gathered to talk about the fate of 88 acres near Waverly Road and 48th Street.
The State Boundary Commission held the hearing at Fillmore Township Hall. Any decision on the latest petition is at
least a couple of month's away, and more likely will come in February 2003.
The battle over real estate and tax base between the city and township dates back decades. The most recent and major
event being the city's annexation of 1,100 acres of the township in 1999.
The boundary commission heard from a half dozen township residents and property owners, all of whom pleaded for the
land-taking to end.
Barb Field mentioned the 1,100 acres lost to the city and said that property is peppered with For Sale signs.
The city has plenty of property not yet developed, she said. "There is no reason to expand."
She declared love for the township and concluded by telling the commission, "Please stop Holland from further
euthanizing the township on the installment plan."
Each of the interested parties got their turn at the mic.
The developer wants the property pulled into the city's fold so public water and sewer is available for new industry.
The city wants a cleaner line on the map, and the added tax base and jobs.
The township wants water from the city, and then to be left alone.
Earlier this year a group of parties, including Lumir Corporation and PHC (Prince Holding Co.) LLC petitioned for
86 acres to be annexed. The boundary commission added two adjoining acres after a request from the city.
Sue Conway, representing PHC, said the request is straightforward. The highest and best use of the 80 plus acres is
industrial, and that type of development cannot happen without access to public utility services.
Developers plan a large industrial complex on the land. Documents filed with the boundary commission say the land
currently cannot be developed because of Fillmore's lack of infrastructure, mainly water and sewer service.
"Water, sewer and other public services are readily available from the city of Holland, but will not be extended
to petitioner's property unless it is within the city of Holland," the petition reads.
Conway acknowledged that further annexation may serve to "fan the flames of hard feelings" between the city
and township.
"Annexation was not an easy choice for the petitioner," she said, but all other options have been exhausted,
and the request for annexation was the only choice for PHC.
Andy Mulder, attorney for the city, spent much time detailing a failed Act 425 agreement between the city and township,
calling for a land swap and extension of services, which was rejected by township voters.
Fillmore Township Supervisor Keith Potter asked the commission to deny the proposed annexation.
The loss of 1,100 acres to the city was devastating and to approve more annexation would further cripple the township,
he said.
Township officials say the city has denied repeated requests for extending its water system into the township.
"Fillmore has asked for water. We have been refused," Potter said.
He added that there's something terribly wrong with the system when a land developer can dictate how a governmental
area's boundaries are drawn.
Lansing attorney William Fahey, defending the township, accused the city of illegal acts to deprive the township of
public water.
"The city clearly controls a water monopoly in the area," he said.
And while the city has agreed to extend water service to several other municipalities, it withholds that service from
Fillmore.
Evoking the image of Bill Gates at the end of a subpoena, and the federal government's action against Microsoft, Fahey
said of city officials, "It's illegal to do what they're doing."
Fahey said the city is denying the township water service unless it agrees to buy the city's other public utility
products like sanitary sewer and electricity. He said the city is violating the state's anti-trust laws, and he threatened
legal action against the city to break up its "pattern of monopolization."
Fahey then criticized the boundary commission, alleging it aided and abetting Holland in breaking the law when it
approved previous annexations, which served to help the city extend its monopoly.
"When's it gonna end," said Fahey. "How long will the Boundary Commission let the city go on?"
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