Ottawa County Circuit Judge Jon Hulsing delivered a ruling that validates RWE Solar Development’s lease options over 562.8 acres of the Smallegan family’s farmland in western Michigan. The lease, signed in November 2020, gave the developer five years to study the land and then exercise an option to lease it for a solar project.
The dispute hinged on whether the agreements were merely a study period or a binding lease. The judge rejected the Smallegan family’s claim, finding the contracts explicitly allowed RWE to exercise its options within the five‑year window.
A critical point was the delivery of the notice to RWE. RWE says its Austin, Texas office shipped the notice on November 13, 2025, and the court accepted a November 16 delivery date, three days before the November 19 deadline. Evidence of post‑option payments and transfer communications further cemented that RWE had met its obligations.
With the options deemed valid, RWE now holds exclusive possessory rights to the disputed acreage. The family must withdraw permissions for farming, hunting, and other activities, and cannot participate in proceedings that oppose the project while the agreements remain in force.
The ruling does not yet permit construction; the Silver Maple Solar project still needs approval from the Michigan Public Service Commission. Meanwhile, the Smallegan family is preparing an appeal, underscoring the broader tension between agricultural land use and renewable development in rural Michigan.