AndyS Restaurant on the southeast corner of Ludington and Rath avenues.
By Rob Alway, Editor-in-Chief
LUDINGTON — A lawsuit filed against the City of Ludington on behalf of Dr. Andrew Riemer’s real estate company, ASR Real Estate, LLC, was filed today in 51st Circuit Court. The case is in response to the city’s stop order of AndyS Restaurant, 129 W. Ludington Ave. at the intersection of Ludington and Rath avenues.
In early August the city stopped construction of the multi-million dollar new building just weeks before it was scheduled for completion, claiming the building’s columns over a sidewalk were built too close to the street.
“The city is excited about this project and looks forward to the energy and investment it will bring to our downtown,” City Manager Kaitlyn Aldrich said in an Aug. 6, 2025 press release. “However, the stop work order was necessary to address a serious health and safety issue, involving the columns that support the second-floor overhang. These columns have been constructed approximately one foot too close to Rath Avenue – in violation of the approved site plan – such that they pose a risk of collision with city snowplow blades, and are also likely to cause impacts with vehicle doors that open toward the columns, when a vehicle is parked out front. The city has requested that the developer submit a corrective action plan to bring the locations of the columns into compliance with the approved site plan, and the city looks forward to receiving that plan soon. When the developer has fully corrected this serious site plan violation, the stop work order will then be lifted, so that this project can again start moving forward toward completion. We remain committed to supporting responsible development and ensuring that all construction projects prioritize public safety and adhere to approved standards.”
While Aldrich states that parking would be infringed the lane closest to the pillars is a vehicle lane and does not have any parking.
Riemer also owns Stix Bar in Hamlin Township, Chuck Wagon Pizza in Ludington, Doc’s on the River in Grant Township, Fins Beach Club in Branch Township along with eye centers in Ludington, Manistee, Cadillac and Reed City.
In a Sept. 9, 2025 letter to Riemer’s attorney, Stephan R. Estey of Zausmer, PC of Farmington Hills, Aldrich stated that the stop order would we revoked if Riemer agreed to paying for the cost of installing a separate four-foot bike lane that would extend on the east side of Rath Avenue from Ludington Avenue south to Dowland Street, effectively cutting off parking along that entire side of the street.
“The City of Ludington appreciates your recent participation in the site plan amendment hearing held on Tuesday, August 12th regarding the new AndyS Restaurant development,” Aldrich states in the letter. “As you know, the Planning Commission was unable to take action because the proposed solution relied on use of the City’s right-of-way along Rath Avenue — an area outside of the Planning Commission’s jurisdiction. Further, having the City relinquish or encumber additional City right-of-way for this project is not a viable solution, inasmuch as that would be contrary to the City’s long-established goals and policies for Rath Avenue. The City’s long-term goal is to improve non-motorized facilities on Rath Avenue, which serves as a designated portion of U.S. Bike Route 35. These goals are established in the City’s Master Plan as well as the West Michigan Regional Trails Master Plan, of which the City of Ludington is an active partner.
“The City is disappointed that, to date, your project team has not presented an alternative solution that recognizes these long-term goals. We have emphasized their importance publicly at several meetings over the past few months. While this remains a point of concern, the City acknowledges the significant value AndyS Restaurant brings to downtown Ludington, both as a destination and as an economic driver. We would like to move forward constructively and present a potential solution that balances the needs of the project with the broader interests of the Ludington community.”
Aldrich then proposes to grant a “license” to Riemer for “the area that encompasses the present location of the columns, and also for the building encroachment along the full length of the west wall in return for ASR Real Estate, LLC funding the cost of installing a separated 4-foot bike lane facility on Rath Avenue, extending from Ludington Avenue to Dowland Street.”
She stated that by doing so, the city would create a protected bike lane on the east side of Rath Avenue which “would provide adequate protection and necessary separation between plows, moving vehicles, and the existing columns, thereby remedying the site plan violation that was caused by the columns having been constructed too far west, without required separation distance from the curb.”
She further states that by doing so, AndyS could “open without further delay, as no corrective action would be required to move the columns or the overhang. Once a license agreement was approved by both parties, including provisions for project funding in escrow, the stop work order would be lifted.”
Reimer’s response is a very clear “no” based on the lawsuit filed today asking for the court to revoke the stop order and also reward ASR $25,000 in damages.
“Seldom does a case come along where a government’s overreach and actions rise to the level of what seems to be almost malice,” Estey, Riemer’s attorney, states in the lawsuit’s introductory statement. “But here, there is no logical explanation for the actions of Defendant City of Ludington against a new business owner within the City.”
The statement goes on to say that ASR’s contractors obtained site plan approval and, as a result, building permits were issued and construction began.
“All was proceeding to plan, until the summer of 2025, when the City suddenly pulled a bait and switch that no one saw coming. In addition, ASR obtained special use approval and a commitment to issue rights for construction of the overhang and pillars in a similar position as the prior Michael’s (referring to Michael’s Bar and Grill, which had been located at that site before the building was razed). The City was well aware that as part of the construction the sidewalk and street curb were to be removed and reconstructed. The Site Plan approved a new curb located 1-foot, 10-inches from the columns supporting the overhang on the building. Now, the new columns were placed in the same location as the former Michael’s pillars were located. And, the new building was constructed in the exact location as approved by the City in the Site Plan. But, the City played ‘gotcha’ and as the building was just getting completed and ready to open, the City asserted that the curb could not be placed in the location as approved on the Site Plan. The City then proceeded to revoke the Site Plan and issue a stop work order prohibiting the business from completing its interior punch list items and opening.”
The law suit states that the cost of the bike path would be between $100,000 to $300,000.
_____________________________
Please Support Local News
Receive daily MCP and OCP news briefings along with email news alerts for $10 a month. Your contribution will help us to continue to provide you with free local news.
To sign up, email editor@mediagroup31.com. In the subject line write: Subscription. Please supply your name, email address, mailing address, and phone number (indicate cell phone). We will not share your information with any outside sources. For more than one email address in a household, the cost is $15 per month per email address.
We can send you an invoice for a yearly payment of $120, which you can conveniently pay online or by check. If you are interested in this method, please email editor@mediagroup31.com and we can sign you up. You can also mail a yearly check for $120 to Media Group 31, PO Box 21, Scottville, MI 49454 (please include your email address).
Payment must be made in advance prior to subscription activation.
We appreciate all our readers regardless of whether they choose to continue to access our service for free or with a monthly financial support.
_____
This story and original photography are copyrighted © 2025, all rights reserved by Media Group 31, LLC, PO Box 21, Scottville, MI 49454. No portion of this story or images may be reproduced in any way, including print or broadcast, without expressed written consent.
As the services of Media Group 31, LLC are news services, the information posted within the sites are archivable for public record and historical posterity. For this reason it is the policy and practice of this company to not delete postings. It is the editor’s discretion to update or edit a story when/if new information becomes available. This may be done by editing the posted story or posting a new “follow-up” story. Media Group 31, LLC or any of its agents have the right to make any changes to this policy. Refer to Use Policy for more information.
.png)
