Wineries of the Old Mission Peninsula Association, et al v. Township of Peninsula, MI
| BOWERS HARBOR VINEYARD & WINERY, INC, a Michigan Corporation, BRYS WINERY, LC, a Michigan Corporation, CHATEAU GRAND TRAVERSE, LTD., a Michigan Corporation, CHATEAU OPERATIONS, LTD, a Michigan Corporation, GRAPE HARBOR INC., a Michigan Corporation, MONTAGUE DEVELOPMENT, LLC, a Michigan limited liability company, OV THE FARM LLC, a Michigan liability company, TABONE VINEYARDS, LLC, a Michigan liability company, TWO LADS, LLC, a Michigan liability company, VILLA MARI, LLC, a Michigan liability company, WINERIES OF THE OLD MISSION PENINSULA ASSOCIATION, a Michigan Nonprofit Corporation (WOMP) and WINERY AT BLACK STAR FARMS LLC, a Michigan liability company |
| TOWNSHIP OF PENINSULA, MI, a Michigan Municipal Corporation |
| PROTECT THE PENINSULA, INC. |
| 25-1705 |
| August 7, 2025 |
| U.S. Court of Appeals, Sixth Circuit |
| Civil Rights: Other |
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| Filing 31 MOTION filed by Ms. Tracy J. Andrews for Protect the Peninsula, Inc. in 25-1705, 25-1754 to file oversized brief. Certificate of Service: 02/02/2026. [25-1705, 25-1754]--[Edited 02/02/2026 by SSS] (TJA) [Entered: 02/02/2026 03:16 PM] |
| Filing 30 **LOCKED AS DEFECTIVE ENTRY-Counsel instructed to refile as motion to a file oversize brief in cases 25-1705 and 25-1754 only. Uncheck 25-1703 and file selecting Motion/Stipulation>motion>Briefing>file oversize brief. MOTION filed by Ms. Tracy J. Andrews for Protect the Peninsula, Inc. in 25-1705, 25-1754 to exceed page limit. Certificate of Service: 02/02/2026. [25-1705, 25-1703, 25-1754]--[Edited 02/02/2026 by SSS] (TJA) [Entered: 02/02/2026 02:49 PM] |
| Filing 29 RULING LETTER SENT granting motion to extend time to file brief by 35 days [ # 7448247-2 ] filed by Mr. Bogomir Rajsic, III. in 25-1703, 25-1754, resetting briefing schedule: First brief now due 02/04/2026 (Township of Peninsula, MI docket in 25-1703 and 25-1754 only) and (Protect the Peninsula, Inc. docket in 25-1705 and 25-1754 only). Second brief now due 03/06/2026 (Plaintiffs - Appellees Cross-Appellants will docket in all three cases). Third brief now due 04/06/2026 (Township of Peninsula, MI docket in 25-1703 and 25-1754 only) and (Protect the Peninsula, Inc. docket in 25-1705 and 25-1754 only). [25-1703, 25-1705, 25-1754] (SSS) [Entered: 12/02/2025 04:29 PM] |
| Filing 28 BRIEFING LETTER SENT setting briefing schedule: First brief due 12/31/2025 (Township of Peninsula, MI docket in 25-1703 and 25-1754 only) and (Protect the Peninsula, Inc. docket in 25-1705 and 25-1754 only). Second brief due 01/30/2026 (Plaintiffs - Appellees Cross-Appellants will docket in all three cases). Third brief due 03/02/2026 (Township of Peninsula, MI docket in 25-1703 and 25-1754 only) and (Protect the Peninsula, Inc. docket in 25-1705 and 25-1754 only). [25-1705, 25-1703, 25-1754] (SSS) [Entered: 11/21/2025 05:06 PM] |
Filing 27
ORDER filed: Plaintiffs-Appellees (the Wineries) move to dismiss Protect the Peninsula, Inc.s appeal in Case No. 25-1705. Upon review and consideration, the plaintiffs motion is REFERRED [ # 21 ] to the merits panel for consideration along with the parties briefs. The Clerk will issue a cross-appeal briefing schedule in all related cases 25-1703, 25-1705 and 25-1754 by separate letter. Entered by order of the court. [25-1705, 25-1703, 25-1754] (SSS) [Entered: 11/21/2025 04:48 PM]
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| Filing 26 REPLY filed by Mr. Stephen M Ragatzki for Bowers Harbor Vineyard & Winery, Inc, Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Association and Winery at Black Star Farms LLC regarding Motion to Dismiss PTP's Appeal Certificate of Service: 10/06/2025. [25-1705] (SMR) [Entered: 10/06/2025 04:06 PM] |
| Filing 25 ***LOCKED AS DEFECTIVE ENTRY-COUNSEL INSTRUCTED TO REFILE UNDER THE CORRECT DOCKETING EVENT Response/Reply> reply filed***RESPONSE in support filed regarding a motion to dismiss - jurisdiction, [ # 21 ]; previously filed by Mr. Stephen M Ragatzki for Bowers Harbor Vineyard > Winery, Inc, Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Association and Winery at Black Star Farms LLC. Response from Attorney Mr. Stephen M Ragatzki for Appellees Cross-Appellants Bowers Harbor Vineyard > Winery, Inc, Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Association and Winery at Black Star Farms LLC. Certificate of Service: 10/06/2025. [25-1705]--[Edited 10/06/2025 by SSS] (SMR) [Entered: 10/06/2025 02:40 PM] |
| Filing 24 ***LOCKED AS DEFECTIVE ENTRY-COUNSEL INSTRUCTED TO REFILE UNDER THE CORRECT DOCKETING EVENT Response/Reply> reply filed***REPLY BRIEF filed by Attorney Mr. Stephen M Ragatzki for Appellees Cross-Appellants Bowers Harbor Vineyard > Winery, Inc, Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Association and Winery at Black Star Farms LLC. Certificate of Service: 10/06/2025. [25-1705]--[Edited 10/06/2025 by SSS] (SMR) [Entered: 10/06/2025 11:58 AM] |
| Filing 23 RESPONSE in opposition filed regarding a motion, [ # 21 ]; previously filed by Mr. Stephen M Ragatzki for Bowers Harbor Vineyard & Winery, Inc, Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Association and Winery at Black Star Farms LLC. Response from Attorney Ms. Tracy J. Andrews for Appellant Cross-Appellee Protect the Peninsula, Inc.. Certificate of Service: 09/29/2025. [25-1705] (TJA) [Entered: 09/29/2025 03:03 PM] |
| Filing 22 RULING LETTER SENT to hold briefing in abeyance pending a ruling on the motion to dismiss filed in 25-1705. When this outstanding matter has been resolved, the clerk's office will issue a new briefing schedule or give the parties other instructions. [25-1703, 25-1705, 25-1754] (SSS) [Entered: 09/25/2025 08:22 AM] |
| Filing 21 MOTION filed by Mr. Stephen M Ragatzki for Bowers Harbor Vineyard & Winery, Inc, Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Association and Winery at Black Star Farms LLC to dismiss case for lack of jurisdiction. Certificate of Service: 09/17/2025. [25-1705] (SMR) [Entered: 09/17/2025 03:00 PM] |
| Filing 20 APPEARANCE filed for Appellees Cross-Appellants Bowers Harbor Vineyard & Winery, Inc, Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Association and Winery at Black Star Farms LLC in 25-1705, 25-1703 by Joseph M. Infante. Certificate of Service: 09/17/2025. [25-1705, 25-1703] (JMI) [Entered: 09/17/2025 02:15 PM] |
| Filing 19 BRIEFING LETTER SENT setting briefing schedule: First brief due 10/20/2025 (Township of Peninsula, MI docket in 25-1703 and 25-1754 only) and (Protect the Peninsula, Inc. docket in 25-1705 and 25-1754 only). Second brief due 11/18/2025 (Plaintiffs - Appellees Cross-Appellants will docket in all three cases. Third brief due 12/18/2025 (Township of Peninsula, MI docket in 25-1703 and 25-1754 only) and (Protect the Peninsula, Inc. docket in 25-1705 and 25-1754 only). Fourth brief (optiona) due 01/01/2026 if filed Plaintiffs - Appellees Cross-Appellants will docket in all three cases. [25-1703, 25-1705, 25-1754] (SSS) [Entered: 09/09/2025 11:55 AM] |
| Filing 18 Update fee status [25-1705, 25-1703, 25-1754]; Payment was refunded, to be paid to the District Court. (MDD) [Entered: 09/04/2025 10:57 AM] |
| Filing 17 Original Proceeding fee paid Ms. Tracy J. Andrews for Protect the Peninsula, Inc.. Fee Amount: $600.00 Receipt Number: A06-76674-979.. [25-1705] (TJA) [Entered: 09/03/2025 05:12 PM] |
| Filing 16 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Stephen M. Ragatzki ; Bowers Harbor Vineyard & Winery, Inc, Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Association and Winery at Black Star Farms LLC in 25-1754, 25-1703, 25-1705 makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? NO 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? NO Certificate of Service: 09/03/2025. [25-1754, 25-1703, 25-1705] (SMR) [Entered: 09/03/2025 03:21 PM] |
| Filing 15 APPEARANCE filed for Appellees Cross-Appellants Bowers Harbor Vineyard & Winery, Inc, Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Association and Winery at Black Star Farms LLC in 25-1705, 25-1703 by Stephen M. Ragatzki. Certificate of Service: 09/03/2025. [25-1705, 25-1703] (SMR) [Entered: 09/03/2025 03:12 PM] |
| Filing 14 APPEARANCE filed for Appellees Cross-Appellants Bowers Harbor Vineyard & Winery, Inc, Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Association and Winery at Black Star Farms LLC in 25-1705, 25-1703 by Christopher J. Gartman. Certificate of Service: 09/03/2025. [25-1705, 25-1703] (CJG) [Entered: 09/03/2025 03:06 PM] |
| Filing 13 ***LOCKED PARTY MUST FILE ONLY IN 25-1703 AND 25-1705 UNCHECK 25-1754 PRIOR TO FILING***APPEARANCE filed for Appellees Cross-Appellants Bowers Harbor Vineyard & Winery, Inc, Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Association and Winery at Black Star Farms LLC in 25-1705, 25-1703 by Joseph M. Infante. Certificate of Service: 09/03/2025. [25-1705, 25-1703, 25-1754]--[Edited 09/03/2025 by SSS] (JMI) [Entered: 09/03/2025 03:00 PM] |
| Filing 12 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Tracy Jane Andrews ; Protect the Peninsula, Inc. makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No. Certificate of Service: 09/03/2025. [25-1705] (TJA) [Entered: 09/03/2025 02:35 PM] |
| Filing 11 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Ms. Tracy J. Andrews for Appellant Cross-Appellee Protect the Peninsula, Inc.. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? Yes ; Case Name: Wineries of Old Mission Peninsula Association, et al v Township of Peninsula, MI , Citation: Case Nos. 21-1744 and 22-1534 ; Was this case mediated through the court's program: Yes ; Please identify the party(ies) the appeal is being taken against: Bowers Harbor Vineyard & Winery, Inc, Brys Winery, LC, Chateau Grand Traverse, Ltd., Chateau Operations, Ltd, Grape Harbor Inc., Montague Development, LLC, OV The Farm LLC, Tabone Vineyards, LLC, Two Lads, LLC, Villa Mari, LLC, Wineries of the Old Mission Peninsula Association, Winery at Black Star Farms LLC and Protect the Peninsula, Inc. ; Issues:. Certificate of Service: 09/03/2025. [25-1705] (TJA) [Entered: 09/03/2025 02:32 PM] |
| Filing 10 TRANSCRIPT ORDER filed - transcript is already on file in the District Court Clerks Office. Filed by Ms. Tracy J. Andrews for Protect the Peninsula, Inc.. Certificate of Service: 09/03/2025. [25-1705] (TJA) [Entered: 09/03/2025 02:23 PM] |
| Filing 9 ***LOCKED PARTY MUST FILE ONLY IN 25-1703, UNCHECK 25-1705 PRIOR TO FILING** APPEARANCE filed for Appellant Cross-Appellee Township of Peninsula, MI in 25-1703 by Thomas J. McGraw. Certificate of Service: 09/03/2025. [25-1703, 25-1705]--[Edited 09/03/2025 by SSS] (TJM) [Entered: 09/03/2025 11:35 AM] |
| Filing 8 APPEARANCE filed for Appellant Cross-Appellee Protect the Peninsula, Inc. by Holly L. Hillyer. Certificate of Service: 08/27/2025. [25-1705] (HLH) [Entered: 08/27/2025 03:23 PM] |
| Filing 7 APPEARANCE filed for Appellant Cross-Appellee Protect the Peninsula, Inc. by Tracy Jane Andrews. Certificate of Service: 08/27/2025. [25-1705] (TJA) [Entered: 08/27/2025 03:21 PM] |
| Filing 6 **LOCKED PARTY MUST FILE ONLY IN 25-1705, UNCHECK 25-1703 PRIOR TO FILING** APPEARANCE filed for Appellant Cross-Appellee Protect the Peninsula, Inc. in 25-1705 by Holly L. Hillyer. Certificate of Service: 08/27/2025. [25-1705, 25-1703]--[Edited 08/27/2025 by SSS] (HLH) [Entered: 08/27/2025 02:38 PM] |
| Filing 5 ***LOCKED PARTY MUST FILE ONLY IN 25-1705, UNCHECK 25-1703 PRIOR TO FILING** APPEARANCE filed for Appellant Cross-Appellee Protect the Peninsula, Inc. in 25-1705 by Tracy Jane Andrews. Certificate of Service: 08/27/2025. [25-1705, 25-1703]--[Edited 08/27/2025 by SSS] (TJA) [Entered: 08/27/2025 02:35 PM] |
| Filing 4 4A4 ORDER from district court filed 08/14/2025. Case opening letter sent. The parties are advised to de-select any case numbers that do not apply when filing, please only file the appellant case opening forms in the case in which you are the originating appeallant. [25-1703, 25-1705]--[Edited 08/20/2025 by SSS] (SSS) [Entered: 08/20/2025 11:21 AM] |
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Filing 3
ORDER filed: In these related matters, the defendant and the Intervenor separately appeal a judgment awarding damages to the plaintiffs in this action involving a township zoning ordinance. The record reflects that the plaintiffs have now filed a cross-appeal. Accordingly, in order to facilitate case management, these actions are sua sponte consolidated. The parties will file separate briefs under a global briefing schedule that will issue in the normal course. The parties are advised to de-select any case numbers that do not apply when filing. [25-1703, 25-1705] (SSS) [Entered: 08/20/2025 11:14 AM]
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| Filing 2 4a4 Notice filed. Case held in abeyance pending a ruling on the motion to alter judgment filed in district court on 07/18/2025, RE #628. (SSS) [Entered: 08/07/2025 11:35 AM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellant Protect the Peninsula, Inc.. Transcript needed: y. (SSS) [Entered: 08/07/2025 11:31 AM] |
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