Judge Tosses Plymouth Twp. Lawsuit Over Failed Horse Track Talks

PLYMOUTH TOWNSHIP, MI — A local harness racing group lost in court after accusing Plymouth Township of unconstitutionally denying them a new horse track in the township, according to court records.

U.S. District Court Judge Brandy McMillion said Monday that the township had the right to deny Northville Downs the new track because township officials never approved zoning for the new track.

In other words, McMillion said the racing group, "jumped the gun" with plans to build the new track on a 128-acre piece of land at the southwest corner of Five Mile and Ridge roads without securing final zoning approval.

"The Court finds that (Northville Downs) may have put the cart before the horse and is not entitled to relief," McMillion said.

Northville Downs said it was lured by township officials to buy the land for the new track in December 2022. The group paid $10 million, including $5.1 million in cash as a down payment and planned to finance the remaining $4.8 million.

Plymouth Township officials initially approved plans for the new track in February 2023 and forwarded them to the planning commission, which unanimously approved the plans along with additional community amenities in June 2023, though some residents voiced concerns about the track at that June meeting.

In January 2024, city officials ended talks with the harness racing group after negotiations for a community benefit agreement fell through.

Northville Downs then sued the township, arguing officials wanted the group to build new amenities in the township worth millions in exchange for the new track, something the group said "amounted to extortion."

The proposed amenities included new soccer fields, pickleball courts, a walking trail and annual community events.

Northville Downs wanted $10 million and plans for the track to move forward.

But McMillion disagreed, as she pointed out that Northville Downs technically had no protected property interest because approval was never finalized.

"A protected property interest must be based on something more than unilateral anticipation in the process itself," McMillion said. "There is no protected property interest in a township’s zoning application procedure."

McMillion also said the township acted lawfully with its amenities request because the township's development process allows for flexibility in exchange for public benefits.

"Requiring NVD (Northville Downs) to enter into a CBA that provided benefits to the Plymouth Township community is not inherently depriving it of any constitutional rights," McMillion said. "A municipality has the authority to regulate land use under its police power.

Northville Downs was a horse racing track facility that operated in downtown Northville since 1944. They started looking for a new track in 2020 when the existing property was being sold. It was the oldest and only remaining nighttime harness racing track in Michigan.

Patch reached out to Northville Downs' lawyers and was waiting to hear back.