A group of wineries is taking legal action against a local township for allegedly violating their constitutional rights. The complaint was filed by OV the Farm, LLC, Bowers Harbor Vineyard & Winery, Inc., and Wineries of the Old Mission Peninsula Association in the United States District Court for the Western District of Michigan on November 26, 2025, targeting Peninsula Township as the defendant.
The plaintiffs argue that Peninsula Township is disregarding a previous court judgment that found the township’s enforcement of certain ordinances unconstitutional. This earlier case, known as the WOMP Case, resulted in nearly $50 million in damages awarded to the wineries due to what was deemed unconstitutional enforcement actions by Peninsula Township. Despite this ruling, the township continues to enforce restrictions and has threatened to shut down at least one winery over noise ordinance violations. The plaintiffs claim these actions are an infringement on their constitutional rights and are seeking declaratory and injunctive relief to prevent further enforcement of these restrictions.
The case revolves around several key issues. One major point of contention is Peninsula Township’s noise ordinance, which plaintiffs argue is vague and unenforceable. They claim that this ordinance has been used arbitrarily against them despite public statements from a township official admitting its vagueness. Additionally, they allege First Amendment violations due to restrictions on playing music and hosting events at their properties. The plaintiffs assert that these activities are protected forms of speech and expression under the Constitution.
Furthermore, the wineries contend that Peninsula Township’s stance against allowing full-service meals or restaurants within its zoning districts conflicts with state law, which permits such operations for licensed establishments like theirs. This conflict has led them to seek a declaration from the court that local bans on operating restaurants are preempted by Michigan law.
In response to these grievances, the plaintiffs are requesting various forms of relief from the court. They seek declarations affirming their rights to host events and serve food at their wineries without interference from local ordinances deemed unconstitutional or preempted by state law. Additionally, they request compensation for attorneys’ fees incurred during this legal challenge.
Representing the plaintiffs in this case are attorneys Joseph M. Infante, Stephen M. Ragatzki, Christopher J. Gartman from Miller Canfield Paddock & Stone PLC based in Grand Rapids, Michigan; and Barry P. Kaltenbach from Chicago, Illinois. The case is assigned under Case No: 1:25-cv-01588 with Honorable Paul L. Maloney presiding alongside Magistrate Judge Ray S. Kent.
Source: 125cv01588_OV_The_Farm_v_Peninsula_Township_Complaint_Western_District_of_Michigan.pdf
