COMSTOCK TOWNSHIP, Mich. (AP) — A Michigan farm owner embroiled in a legal dispute with Comstock Township over business licensing has filed a federal lawsuit and is now running for township supervisor in an effort to bring change to local government.
Ben Martin, who operates a farm, farm market, and hard cider business on the state’s west side, says local officials have condemned his property, preventing him from opening his indoor tasting room. Despite receiving state approval for his operations, Martin claims the township has issued violations for not having alcohol, food, or music licenses, complicating his ability to run the business. He also alleges that township officials have moved regulatory "goalposts," making it financially impossible to comply, including requiring an expensive fire suppression system.
“It’s been constant goalpost moving and confusion,” Martin said. “We’ve done everything asked of us, but they’re making it impossible to operate.”
Martin's attorney, Stephen Kustra, has filed a federal lawsuit with 12 counts, including First Amendment retaliation, regulatory takings, and violations of due process. While the case was dismissed by a federal judge, Kustra plans to file a motion for reconsideration, arguing the court missed key aspects of the case. The legal team also has the option to pursue state law claims in a separate lawsuit.
In addition to the lawsuit, Martin has announced his candidacy for township supervisor, citing frustration with local governance. “I’ve heard from other people who have faced similar issues. We need change, and I’m stepping up to make that happen,” Martin said.
The legal battle has raised questions about government overreach and the role of local officials in regulating small businesses. Comstock Township officials have yet to respond to the allegations.
Martin's case also highlights concerns about freedom of speech. He alleges that township officials confronted him over negative comments he made on Facebook, leading to further complications in his dealings with the township.
Despite the ongoing legal challenges, Martin remains hopeful that both the court and the election will lead to a resolution. “You’ve got to fight for what you believe in,” he said.
