(at left) - Circuit Judge Jon Hulsing issues his ruling in RWE’s lawsuit against the Smallegan family on Oct. 14. (at right) - (From left) Patricia Smallegan, Jimmy Smallegan and attorney David Delaney listen to the verdict in the lawsuit.
By Greg Chandler
Zeeland Record
The developer of the Silver Maple solar project in Zeeland and Jamestown townships can freely access more than 500 acres of land owned by members of the Smallegan family for purposes of developing the project, and the family can do nothing to stop it, an Ottawa County judge ruled Oct. 14.
Circuit Judge Jon Hulsing ruled in favor of RWE Solar Development, LLC in its lawsuit against James M. Smallegan, Patricia A. Smallegan, Kristi A. Smallegan and various trusts that had been set up by the family.
RWE alleged that the Smallegan family refused to allow the company and its contractors access to their property, in violation of four separate option-to-lease agreements that were signed by family members, including the late patriarch of the family, James A. Smallegan, in November 2020. The option to lease the property for the next 34 years and 11 months was exercised by the company on Nov. 19, 2025.
The Smallegans claimed they were never properly notified of the option being exercised on their land.
Hulsing ruled that RWE “has exclusive possessory and use rights of the property” under the lease agreements, and that the Smallegan family or their agents are banned from entering the property. The Smallegans were also ordered to “abate any use of the property inconsistent with (RWE’s) possessory right, including the immediate elimination of crops” that were being farmed on the property.
In addition, the Smallegans are also banned from “participating in, or continuing to participate in, any action as intervenor or party before an administrative, legislative, or judicial action in which they oppose the project” – likely meaning they could not legally file as an intervenor in RWE’s pending application before the Michigan Public Service Commission for approval of Silver Maple.
The Smallegan family and their trusts own 562.8 acres of property covered by the ruling, representing about 30 percent of the 1,914 acres RWE has proposed for development of Silver Maple, a $330 million, 200-megawatt project. The company said in its lawsuit that the project would not be able to proceed without that property.
During the trial on Oct. 8, James M. “Jimmy” Smallegan and Patricia Smallegan both testified they signed the agreements under the belief that RWE was going to conduct a five-year study of their land to see if a solar project was viable, and that they would expire on Nov. 19, 2025. Hulsing rejected those arguments as “not credible.”
“Section 10.19 (of the contract) stated that the written agreement was the entire agreement, and superseded any prior oral or written understandings or representation,” the judge said.
Hulsing also said the Smallegans did not present any evidence to back their claims that the agreements were “contrary to public policy,” “unconscionable,” “obtained under duress” by RWE, and subject to preexisting agricultural leases.
“They are unsupported by fact, law or argument,” Hulsing said.
The lawsuit hung on the question of whether the Smallegans were properly notified of RWE exercising its option for the land before Nov. 19, 2025. Jimmy Smallegan testified that he did not consider notice of the option delivered unless it was done so in person. He and other family members testified they did not receive packages that had been sent overnight from RWE’s Austin, Tex. office, informing them of the option being exercised.
In his ruling, Hulsing cited the contract and what was considered to be “delivered” under that agreement.
“Physical receipt of the notices (into) the defendants’ hands is not required for delivery by the overnight service,” he said. “Rather, delivery is complete three days after deposit with the overnight courier. The recipient is not required to touch the document for delivery to be accomplished.”
Packages containing notices of RWE exercising its option were sent via FedEx overnight on Nov. 13, 2025, to arrive at Smallegan-owned properties the next morning. A check of tracking numbers on Nov. 14 showed those packages were delivered, RWE real estate specialist Zena Mitchell testified at trial.
“The court finds that the notices of exercise of option were timely delivered to the defendants,” Hulsing said.
Patricia Smallegan cashed two checks totaling more than $282,000 earlier this year, as payment under the exercise of option. Nonetheless, she testified at trial that she thought the family still had the option to back out of the agreements. RWE is to pay the Smallegans $800 per acre for the use of the land annually over the next 33 years of the lease, Hulsing said.
Hulsing also ruled that RWE contractor SWCA was within its right to access the property during a May 30 incident in which its team was confronted by Jimmy Smallegan and Dan Kerkstra, who accused them of trespassing.
“When the police were called for the trespassing complaint on May 30, 2026, the wrong parties left,” the judge said. “The trespassers were Mr. James Smallegan and his neighbors. They were the ones who should have been told to leave.”
RWE attorney Brandon Hubbard declined to comment on the ruling. The company issued a statement via email to The Zeeland Record, saying it appreciated “the court's careful review and are satisfied with the ruling.”
“RWE strives to be a good neighbor to all communities that host our projects. While the court’s decision recognized certain rights in this case, we have not barred the Smallegans from their homes or livestock operations, and we have proposed to the Smallegans a framework that we believe is fair to all parties in seeking a resolution. We will continue engaging with the family and greater community in good faith as we work toward a mutually agreeable path forward following the court’s decision,” the company said in a second statement issued last Friday.
Defense attorney David Delaney said the legal fight between the Smallegans and RWE isn’t over.
“RWE does not have a solar permit. They’ve got to get that from the MPSC,” Delaney said after the hearing. “They’re looking at a year before they get that, so for a year, nothing’s going to happen on this property, except maybe inspections and more rulings, things like that.”
Delaney said that he and Hubbard will have further discussions tied to the case, and that he will likely file additional motions.
“If it doesn’t get resolved, we’ll certainly be appealing,” he said.
Zeeland Record
The developer of the Silver Maple solar project in Zeeland and Jamestown townships can freely access more than 500 acres of land owned by members of the Smallegan family for purposes of developing the project, and the family can do nothing to stop it, an Ottawa County judge ruled Oct. 14.
Circuit Judge Jon Hulsing ruled in favor of RWE Solar Development, LLC in its lawsuit against James M. Smallegan, Patricia A. Smallegan, Kristi A. Smallegan and various trusts that had been set up by the family.
RWE alleged that the Smallegan family refused to allow the company and its contractors access to their property, in violation of four separate option-to-lease agreements that were signed by family members, including the late patriarch of the family, James A. Smallegan, in November 2020. The option to lease the property for the next 34 years and 11 months was exercised by the company on Nov. 19, 2025.
The Smallegans claimed they were never properly notified of the option being exercised on their land.
Hulsing ruled that RWE “has exclusive possessory and use rights of the property” under the lease agreements, and that the Smallegan family or their agents are banned from entering the property. The Smallegans were also ordered to “abate any use of the property inconsistent with (RWE’s) possessory right, including the immediate elimination of crops” that were being farmed on the property.
In addition, the Smallegans are also banned from “participating in, or continuing to participate in, any action as intervenor or party before an administrative, legislative, or judicial action in which they oppose the project” – likely meaning they could not legally file as an intervenor in RWE’s pending application before the Michigan Public Service Commission for approval of Silver Maple.
The Smallegan family and their trusts own 562.8 acres of property covered by the ruling, representing about 30 percent of the 1,914 acres RWE has proposed for development of Silver Maple, a $330 million, 200-megawatt project. The company said in its lawsuit that the project would not be able to proceed without that property.
During the trial on Oct. 8, James M. “Jimmy” Smallegan and Patricia Smallegan both testified they signed the agreements under the belief that RWE was going to conduct a five-year study of their land to see if a solar project was viable, and that they would expire on Nov. 19, 2025. Hulsing rejected those arguments as “not credible.”
“Section 10.19 (of the contract) stated that the written agreement was the entire agreement, and superseded any prior oral or written understandings or representation,” the judge said.
Hulsing also said the Smallegans did not present any evidence to back their claims that the agreements were “contrary to public policy,” “unconscionable,” “obtained under duress” by RWE, and subject to preexisting agricultural leases.
“They are unsupported by fact, law or argument,” Hulsing said.
The lawsuit hung on the question of whether the Smallegans were properly notified of RWE exercising its option for the land before Nov. 19, 2025. Jimmy Smallegan testified that he did not consider notice of the option delivered unless it was done so in person. He and other family members testified they did not receive packages that had been sent overnight from RWE’s Austin, Tex. office, informing them of the option being exercised.
In his ruling, Hulsing cited the contract and what was considered to be “delivered” under that agreement.
“Physical receipt of the notices (into) the defendants’ hands is not required for delivery by the overnight service,” he said. “Rather, delivery is complete three days after deposit with the overnight courier. The recipient is not required to touch the document for delivery to be accomplished.”
Packages containing notices of RWE exercising its option were sent via FedEx overnight on Nov. 13, 2025, to arrive at Smallegan-owned properties the next morning. A check of tracking numbers on Nov. 14 showed those packages were delivered, RWE real estate specialist Zena Mitchell testified at trial.
“The court finds that the notices of exercise of option were timely delivered to the defendants,” Hulsing said.
Patricia Smallegan cashed two checks totaling more than $282,000 earlier this year, as payment under the exercise of option. Nonetheless, she testified at trial that she thought the family still had the option to back out of the agreements. RWE is to pay the Smallegans $800 per acre for the use of the land annually over the next 33 years of the lease, Hulsing said.
Hulsing also ruled that RWE contractor SWCA was within its right to access the property during a May 30 incident in which its team was confronted by Jimmy Smallegan and Dan Kerkstra, who accused them of trespassing.
“When the police were called for the trespassing complaint on May 30, 2026, the wrong parties left,” the judge said. “The trespassers were Mr. James Smallegan and his neighbors. They were the ones who should have been told to leave.”
RWE attorney Brandon Hubbard declined to comment on the ruling. The company issued a statement via email to The Zeeland Record, saying it appreciated “the court's careful review and are satisfied with the ruling.”
“RWE strives to be a good neighbor to all communities that host our projects. While the court’s decision recognized certain rights in this case, we have not barred the Smallegans from their homes or livestock operations, and we have proposed to the Smallegans a framework that we believe is fair to all parties in seeking a resolution. We will continue engaging with the family and greater community in good faith as we work toward a mutually agreeable path forward following the court’s decision,” the company said in a second statement issued last Friday.
Defense attorney David Delaney said the legal fight between the Smallegans and RWE isn’t over.
“RWE does not have a solar permit. They’ve got to get that from the MPSC,” Delaney said after the hearing. “They’re looking at a year before they get that, so for a year, nothing’s going to happen on this property, except maybe inspections and more rulings, things like that.”
Delaney said that he and Hubbard will have further discussions tied to the case, and that he will likely file additional motions.
“If it doesn’t get resolved, we’ll certainly be appealing,” he said.
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