A Detroit Montessori school is asking a Wayne County judge to immediately halt construction of a Chick-fil-A restaurant next door, arguing developers violated zoning laws and endangered children by building just feet from its playground.
The Giving Tree Montessori, which serves 116 children from infancy through kindergarten, filed an emergency motion last week, accusing Verus Development Group (VDG) and Chick-fil-A of ignoring Detroit’s zoning ordinance and the conditions of a Board of Zoning Appeals (BZA) order by expanding their project onto land designated as school use.
The school contends that the 3,000-square-foot, drive-thru-only restaurant, which would operate feet from its playground, violates a city ordinance prohibiting fast food restaurants within 500 feet of a school.
“Defendants are using and/or attempting to use the VDG Disputed Parcel as part of the property to construct a restaurant within 100 feet—mainly 6 feet away — from The Giving Tree in violation of City Code Section 50-12-131, prohibiting a fast-food restaurant within 500 feet of a school,” the motion states.
Giving Tree Montessori sued VDG and Chick-fil-A in June, alleging the drive-thru project at 17761 Mack Avenue near the border of Grosse Pointe Park violates zoning laws, poses an immediate danger to children’s health and safety, and could force the school to close down.
“The construction borders the school playground, exposing children to heavy machinery and construction activities on the opposite side of the fence,” school owner Renee Chown said in an affidavit filed with the motion. “The playground has had to be shrunken to shield everyone from flying debris and construction activities. A planned expansion of the playscape had to be stopped.”
As a result of the construction, two families have already withdrawn their enrollment for the 2025-26 school year, and the Montessori was forced to cancel plans to build more space and outdoor areas for the children, Chown said.
Chown said Detroit police were called on at least two occasions “because heavy and dangerous construction equipment has been placed dangerously close to students that are playing outside on the school playground.”
She added, “Gaping holes have been left in material bordering the fence which are small enough to allow a child to easily slip through and into an active construction site.”
The development has drawn opposition from parents, educators, and neighbors, including at public meetings where dozens spoke out against the plan. The city initially rejected the project in October 2023 over traffic concerns, but the Detroit Board of Zoning Appeals overturned that decision in March.
City officials have argued the 500-foot restriction doesn’t apply because Giving Tree wasn’t officially recognized as a school under zoning rules until June 2024, two months after the zoning was approved. But the lawsuit says that’s a technicality meant to justify a decision that favors developers over children’s safety.
Demolition began in May without notice or fencing, prompting the city to temporarily halt the work. A sign went up days later, reading, “Chick-fil-A Coming Soon.”
Since then, construction has been ongoing.
In an affidavit, former Detroit zoning manager and certified city planner Tonja Bolden Stapleton supported the school’s case, saying the city’s Buildings, Safety Engineering, and Environmental Department (BSEED) issued the permit “prematurely, in error” and should rescind it.
Stapleton said the site plan failed to meet several requirements, including a drive-thru escape lane, loading zone, and landscape buffers. More significantly, she said, the project never received a variance for the 500-foot school spacing requirement.
“The site is less than 500 [feet] from The Giving Tree Montessori School,” Stapleton said. “This location restriction was never waived by the BZA.”
The motion also argues that developers improperly expanded the project site after a boundary dispute was settled in April 2024, adding the disputed parcel without returning to the BZA for approval.
“This materially expanded the project site beyond what the BZA considered and approved,” Stapleton said.
She added, “Proceeding without BZA review violates both the express conditions of the Decision and Order and the procedural requirements of the zoning ordinance.”
Chown said the lack of oversight and notice left families blindsided.
Related
Chick-fil-A project in Detroit stirs backlash after demolition begins next to school without notice
In May, the city abruptly halted demolition on the Chick-fil-A after construction crews began tearing down a building on the site without notifying nearby residents, businesses, and the school.
Developers said the restaurant will serve up to 1,700 cars a day and generate $10 million in annual sales.
For families and small business owners in the East Side neighborhood, the project is a clash between wealthy developers and a corporate fast-food chain, and the people who live, work, and raise their children next door.
Metro Times was unable to reach developers for comment.
Related Stories
Montessori school in Detroit sues to stop Chick-fil-A development next door
This article appears in Aug 20 – Sep 2, 2025.