Property owners Martin and Eugene Scypinski are suing Orion Township’s Board of Trustees and their Planning Commission, claiming those groups deliberately hurt them financially and suggesting a conspiracy that the township wants a different type of business operating on their property.
The location in question is along the eastern portion of Baldwin Road, between Brown and Jordan Roads, and has been profiled several times in The Review in the past few years.
The Scypinskis, through their attorney David Lipski, said the township has twice forced them out of business deals with potential buyers.
Their hope was to bring in a Del Taco restaurant, and they were granted a special land use as such, only to be denied earlier this year on a request for extended hours.
‘My initial assumption was to expect that they would be reasonable and fair,? Lipski said. ‘But what I’ve seen, in terms of attitude, is that before we ever showed up, there were some minds made up.?
‘When I was presenting before them, I could see the personal vendettas and I don’t think we were even granted due process,? he said of his time in front of both the board and the planning commission.
The straw that broke the camel’s back was the request to stay open past the current 11 p.m. regulation, and Lipski said the township knew the extended hours would be sought by his clients when they granted the land use.
‘They put us in the awkward position of having to come back for a measly two hours,? he said. ‘It’s a very simple request and there’s a high likelihood that all of this could have been avoided for a simple 120 minutes.?
‘There are a number of establishments open as late, or later, that are even closer to residences than what was requested by my clients,? Lipski added, noting the township was not interested in that data.
Township Supervisor Jerry Dywasuk said the Scypinskis haven’t been happy with the township from the start of this process years ago, citing a visit paid by Martin to township hall.
‘He wasn’t happy when talking with our planning coordinator and he wasn’t happy when talking with the building official,? Dywasuk said. ‘All they tried to do was explain the zoning and the process.?
‘We sat down and tried to work it out,? he added. ‘I think we bent over backwards for him.?
As a City of Novi planning commission member, Lipski said he is quite versed in these types of proceedings, and said Orion is being unnecessarily difficult.
‘I’m not coming in here to teach anybody a lesson,? Lipski said. ‘I’m here to enforce the law. (My clients) are being taken for a ride by the township.?
‘For them it’s a mission on many levels,? he added. ‘They want to make sure this doesn’t happen to anyone else in Orion.?
The Scypinskis claim they have been called ‘two-bit developers? by one township board member and have received other threats and disparaging remarks from others involved.
‘They’re being denied on a personal level, a political level, an arrogance level and a spite level,? Lipski said.
Lipski said there is still a chance to compromise and avoid what he expects to be a ‘full-blown, in-the-trenches? litigation process.
‘I’m optimistic only because we’re willing to be reasonable,? he said. ‘We would always be willing to compromise. That’s always the best route to take.?
If not, the Sypinskis will be seeking both a modification to their permit and damages for lost compensation over the past five years.
‘That’s to the tune of potentially $1 million,? Lipski noted.
‘Their reputation is now being earned,? he said. ‘The only one to make a profit will be the township attorneys, once again.?
Dywasuk did not want to comment on the lawsuit directly, but said he was surprised by the township board’s inclusion in the lawsuit, as it was the planning commission that made rulings on the issue.
‘I don’t interfere with the planning commission,? Dywasuk said. ‘They have their own job to do.?
He said the township has to consider all of the information when making a decision, including the neighbors along Georgia Road, who have spoken out many times against any fast-food development.
‘He’s got his neighbors upset,? Dywasuk said. ‘They were up in arms about the extended hours.?
Only two residences abut the property in question, according to the Scypinskis. They said neighbors in that area are running their own businesses out of their homes without any repercussions from the township. Meanwhile, they claim that their property has been singled out for things like noxious weeds.
Lipski said it’s all part of a bigger-picture goal of the township.
‘We believe there was an agenda to put a health care facility in there,? he said on his client’s behalf.
Dywasuk said he has no knowledge of any medical complex coming, or expressing an interest in coming, to that region of the township.
‘There are no restaurants in that area of the township,? he noted also. ‘We have to make sure we’re working in the best interest of the township and follow our master plan.?
The case was filed on May 12 and the answered complaints were received by Oakland County Circuit Court last Friday. The Hon. Fred Mester has been assigned the case.
Lipski said depositions would be next and added that the Scypinskis would be transcribing previous board and planning commission meetings for the record.