COMSTOCK TOWNSHIP, Mich. (WOOD) — The owners of Soil Friends farm have appealed the dismissal of their lawsuit against Comstock Township and its official, according to court documents.

Soil Friends LLC and its owners have appealed the decision to dismiss its lawsuit from federal court to the U.S. Court of Appeals for the Sixth Circuit.

Since part of the farm’s suit included federal claims, the court decided in September that the defendants, both Comstock Township attorneys, were barred from being sued on those claims by absolute immunity.

The lawsuit, filed in federal court in December by Soil Friends LLC and its owners, stems from disagreements two years ago between the farm and the township.

Comstock Township issued several citations to the farm, saying its operations were not up to code, including operating a cider tasting room and a market that sold items not grown on the farm. The Kalamazoo County District Court issued a compliance order to shut the business down in December 2022.

However, Soil Friends said its actions were within the law, citing a tasting room permit that was approved in 2018.

Soil Friends had sued the township for First Amendment retaliation, unconstitutional conditions, violation of due process, regulatory takings, conspiracy to interfere with civil rights, state law preemption by Michigan Liquor Control Code, state law preemption by Michigan Right to Farm Act, interference with a business relationship, defamation under state law, violation of Michigan’s Open Meetings Act, intentional infliction of emotional distress under state law and civil conspiracy.