Kroger Co. of Michigan filed an action against the City of St. Clair Shores in Macomb County Circuit Court on Dec. 30 alleging that the City Council illegally denied its proposal for a gas station at its Harper Avenue location.

The summons, claim of appeal and complaint was part of the consent agenda at Monday’s St. Clair Shores City Council meeting. There was no discussion regarding the item; the motion that was approved by the Council directs the administration to deny the claim and refer the matter to City Attorney Robert Ihrie for a response.

The complaint was filed by attorney Jason Canvasser of Clark Hill Law Firm and asks the court to grant a writ of mandamus requiring the city to comply with its zoning ordinance by granting approval of Kroger’s site plan for the gas station and overruling the City Council’s denial on appeal, award Kroger monetary damages and attorney fees, and any other relief to which Kroger may be entitled.

The site plan for the gas station at the Kroger located at 22801 Harper Avenue first came before the City Council in April 2021 just prior to the grand opening of that 73,500 square foot Kroger location on the site of the old K-Mart store. Although the plan was approved by the city’s planning commission, the City Council denied the request citing close proximity to an existing Shell gas station and Kroger allegedly telling the City Council in 2017 that it had no plans to add a gas station at that location.

The complaint acknowledges Kroger considered purchasing the property on the southwest corner of the Nine Mile Road and Harper Avenue intersection to construct a gas station, but determined the size and shape of that parcel was not in keeping with Kroger’s business model for gas stations.

In 2018, that property was purchased by a different owner who revitalized it and opened a Shell gas station and convenience store at that location.

Kroger revamped and resubmitted its site plan in 2024, but it was once again denied with Councilwoman Candice Rusie the only vote to approve it. Rusie said that although she personally did not think the location was appropriate for a gas station, she did not feel the City Council could legally deny the request because it met the requirements of the zoning ordinance.

The Circuit Court case was assigned to Judge James Biernat.

The complaint alleges the City Council must approve the gas station site plan if it complies with the zoning ordinance and also alleges that it violated the Michigan Open Meetings Act. No hearings have been set in circuit court.