A Macomb County Circuit Court judge heard arguments Monday over whether litigation filed over a former Roseville church should be thrown out to allow construction of a Sheetz fuel center to proceed.

It’s the latest legal skirmish involving a purchase agreement by Sheetz to buy the closed Sacred Heart Catholic Church property as well as the neighboring Apple Annie’s Kitchen & Bakery. Plans call for both buildings to be demolished to make way for a multi-million dollar fuel center, convenience store and restaurant.

Judge Joseph Toia heard from attorneys representing the city of Roseville, the Archdiocese of Detroit, the owners of Apple Annie’s diner, and MC Development, the developer of the property that is in negotiations to purchase the land at Gratiot and Utica Road from the Archdiocese.

Independent artist Edward Stross, who lives across the street from the church, filed litigation earlier this year, claiming the Roseville Planning Commission had erred when it approved a site plan for a Sheetz fuel center development and therefore it wasn’t valid.

An affidavit submitted by Stross shows the value of his art studio and his business would decrease as a result of having the 24-hour gas station’s operations.

Furthermore, Cindy Victor Rhodes, the attorney for Stross, said in her briefs the overwhelming public sentiment against a fuel center taking over a central spot in the community on the former Sacred Heart site was a main factor in the city’s alleged desire to keep the issue out of the public eye.

The Roseville Planning Commission approved a site plan for the project at their Feb. 3 meeting, planning documents show.

Rhodes says there was no public notice of the Planning Commission’s agenda posted on the city’s website, so it was not possible for Stross to know that the Sheetz site plan was to be considered by the commission.

“Given the amount of public opposition against the Sheetz project that has emerged once the news of the approval broke out, (Stross) submits the city purposely did not post the agenda for the planning commission’s February 3, 2025 meeting in order to prevent those opposed to tearing down Sacred Heart Church from speaking out at the meeting,” Rhodes wrote in her brief.

Rhodes said because there was no one from the public who spoke on the controversial topic at the Planning Commission meeting when opposition was running high was “indicative that the city did everything it could to keep members of the public from appearing at the meeting and voicing their opposition.”

Stross said he only learned that the Planning Commission approved the Sheetz site plan was “when I read about the approval in the newspaper.”

Attorneys for the city, Archdiocese of Detroit, and the property owners said the Planning Commission’s approval was valid. No further approvals are needed from the commission or City Council as the site doesn’t require rezoning or a variance.

They said the city paid for a legal advertisement through C&G Newspapers, which publishes a Roseville/Eastpointe edition every other week, and gave notice to property owners within 300 feet of the church.

Robert Kirk, the attorney for the developer and Archdiocese, said Stross did not participate in any of the city’s hearings that are required to have standing to appeal. He has no special damages as compared to any other properties in the area which is another requirement, Kirk added.

The attorneys asked Judge Toia to dismiss the claims and award them court costs and attorney fees. He is expected to rule on the matter in the coming weeks.

Stross, who lives and works kitty corner from the church, has held a series of rallies in front of his Gonzo! Art Studio to show public support for the empty Sacred Heart Church. The final one, which was held this past Saturday, drew about three dozen protesters to the area.

Sacred Heart Catholic Church was closed in 2017 in a consolidation plan inspired by declining attendance and related finances.