Two Hillsdale nonprofits and their founder have filed a federal lawsuit against the City of Hillsdale, alleging city officials illegally blocked housing for people recovering from substance abuse.
The lawsuit, filed by attorneys with Robin Wagner Law PLLC and Hurwitz Law PLLC based in Ann Arbor, claims the city violated the Fair Housing Act, the Americans with Disabilities Act, and state civil rights law. The plaintiffs include HOPE Harbor, BMAK Charity Thrifts, and Executive Director Melissa “Missy” DesJardin.
At the center of the dispute is HOPE Harbor — which stands for Hillsdale Opportunity Promoting Empowerment — a transitional recovery housing program that grew out of “Camp Hope,” a tent-based shelter DesJardin created in 2023 after the city banned overnight camping on public land.
“We started Camp Hope and HOPE Harbor because people with disabilities were sleeping outside in the cold with nowhere to go and no support to help them lead sober lives,” DesJardin said in a press release. “Everything we built — the housing, the services, the community — was for them. We are not going to stop fighting for them.”
The city’s Zoning Board of Appeals denied a request last month from DesJardin to operate the sober living home in a business district.
Assistant City Manager Sam Fry said last month, before the lawsuit was filed, that the property’s zoning designations — B-3, the city’s general business district — contain standard restrictions that apply regardless of the applicant.
“That’s completely agnostic to who the property owner is,” Fry said, referring to the district’s prohibition on first-floor residential use. “That’s not discriminatory in any manner toward the property owner, the petitioner, or the applicant. That’s just the standard.”
City staff declined to comment on ongoing litigation and the city attorney could not be reached for comment.
A legal win would mean the city must allow the housing program to continue and compensate the organizations for costs incurred, according to Robin Wagner, who is representing the plaintiffs.
“It would mean being allowed to run their facility and that the city would then need to reimburse them for economic losses,” Wagner said.
Over two years, Camp Hope served more than 330 homeless people, according to the press release. According to the complaint, more than 60% of adult residents of Camp Hope are now sober and in permanent housing.
The lawsuit alleges the city took inappropriate steps to shut the operation down — including demolishing the camp’s main shelter in October 2025 and denying permits needed to operate a permanent facility.
“HOPE Harbor has done what the city of Hillsdale refused to do — provide a safe, structured path out of homelessness and addiction,” attorney Robin Wagner said in the press release. “What the city did to Melissa DesJardin and to these residents is not a land use dispute. It is discrimination, plain and simple.”
Wagner told The Collegian the case centers on whether the city failed to make legally required exceptions — known as reasonable accommodations — for people with disabilities.
“What the federal laws require are reasonable accommodations — that means exceptions and bending of rules and policies to accommodate persons with disabilities,” Wagner told The Collegian. “When the federal law requires something, the zoning code takes the lower position — it has to be flexible.”
According to Wagner, HOPE Harbor requested permission to operate transitional housing out of a converted facility, arguing it was necessary because there is no other recovery housing in Hillsdale County.
According to the lawsuit, city officials denied that request without considering their obligations under federal law.
Wagner said the complaint also accuses the city of treating HOPE Harbor differently than other organizations, alleging officials supported “not in my backyard” opposition and made statements suggesting recovery housing should be kept outside city limits.
“They’ve treated them poorly, less considerately and with less concern for their well-being and their needs than others,” Wagner said.
City actions outlined in the lawsuit include denying zoning approvals, imposing fines, and allegedly coordinating with opponents of the project.
Wagner also said they may seek an early court order to prevent the city from removing current residents while the case proceeds.
For Wagner, the case is about more than zoning.
“The residents of HOPE Harbor are human beings like all the rest of us,” Wagner said. “This is about giving them their chance at living their lives without interference.”
