AndyS Restaurant on the southeast corner of Ludington and Rath avenues.
By Rob Alway, Editor-in-Chief
LUDINGTON — A judge has lifted the city of Ludington’s stop-work order on the development of AndyS restaurant building, allowing construction to resume while the underlying lawsuit continues.
In a March 16 opinion, Judge Eric R. Fox granted a preliminary injunction in favor of ASR Real Estate LLC, concluding the stop-work order issued by the city in August 2025 should be rescinded. The case is in Mason County’s 51st Circuit Court. Fox is Oceana County probate judge and is presiding over this case.
The ruling allows the project at Ludington and Rath avenues to move forward while the case is adjudicated.
The dispute stems from the city’s decision to halt construction after determining that structural pillars supporting a sidewalk overhang were too close to the roadway. The stop-work order came just weeks before the project was expected to open.
According to the court’s opinion, the project had previously received site plan approval and building permits from the city, and construction was nearly complete when the order was issued.
Fox found that ASR demonstrated a likelihood of success on the merits of its claim, particularly under the legal doctrine of equitable estoppel, which can prevent a municipality from enforcing regulations when a developer has relied on prior approvals and made substantial investments.
The court also determined that the approved site plan contained internal inconsistencies regarding the placement of the building, pillars and curb, making it “not physically possible to comply simultaneously with all five” requirements.
Additionally, the judge ruled that maintaining the stop-work order would cause irreparable harm to the developer by preventing completion and opening of a nearly finished project, while financial losses could not be easily calculated because the business had not yet begun operating.
In weighing the balance of harms, the court acknowledged the city’s concerns about safety, particularly related to snow removal operations, but found no evidence that the specific spacing cited by the city represented a minimum safety requirement.
The opinion also noted that similar conditions existed at the site prior to redevelopment and that temporary operational measures could mitigate potential risks while the dispute is resolved.
Andy Riemer, owner of ASR Real Estate LLC, said the ruling is a significant step forward for the project.
“We are grateful for the court’s thoughtful analysis and ruling,” Riemer said. “After months of delay caused by the actions taken by the city, who put AndyS in an untenable and impossible situation, the Court’s decision now allows the building to be completed and open for business, something we have eagerly wanted since last year.
“This ruling is a win for fairness, the rule of law, and anyone that believes local government should be held accountable. AndyS invested substantial time, resources and millions of dollars of capital in the project relying on the approvals issued by the City, only to be shut down a few weeks before opening for business causing significant financial harm and delaying the economic benefits of the project to the community.
“The project is expected to generate jobs, tax revenue and contribute to the surrounding area and community. We followed the rules, made a major investment in the community and were ready to open our doors. The City’s actions put all that at risk. We are deeply thankful that the Court recognized this and restored our right to move forward. While the case is not over, we are hopeful that the Court’s ruling will lead the City to partner with us and we are committed to working constructively with the local officials to bring this important project to its grand opening.”
As previously reported, the lawsuit filed by ASR Real Estate alleges the city’s actions caused significant financial harm and delayed the anticipated economic benefits of the development. Testimony has revealed that the closure has cost the business $100,000 a month.
The court’s decision does not resolve the full case but allows construction to proceed while legal proceedings continue.
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