Real Property — Zoning — Equal Protection
The Ann Arbor Township Zoning Board of Appeals (ZBA) denial of plaintiff’s request to operate a religious school in an office park zone did not violate equal protection principles even though the ZBA...
View ArticleLocal authority not on solid ground
Steve L. Pence was satisfied that he had beaten Goliath. In this parable, the smaller and weaker warriors were Emily and Vic Betterly, who had hired Pence, of Marquette-based Pence & Numinen PC, to...
View ArticleReal Property – City’s ‘stop-work’ order was compensatory taking
A city is liable for a temporary taking of property because it issued a stop-work order after a zoning administrator approved plaintiff’s plan to construct a house with a front-yard setback that...
View ArticleReal Property – Auctioneers have no Equal Protection claim against zoning...
There was no Equal Protection violation when a township sought to enforce a zoning ordinance to shut down plaintiffs’ auctions, which were being conducted on property zoned for farming. The auctioneers...
View ArticleZoning – Ripeness of suit — Abuse of discretion
Where the facts showed the plaintiff’s injury was merely hypothetical, and the city was not likely to defend the legislation at issue, the trial court did not err in granting a group’s motion to...
View ArticleZoning – Nuisance — Right to Farm Act
Where trial court found that defendants were engaged in a gravel pit operation rather than farming activities, it did not err in finding that the Right to Farm Act did not apply to exempt defendants...
View ArticleZoning – Vacation Rentals — Prior non-conforming use
Where correct interpretation of prior ordinance would not have allowed for short-term rentals, appellants could not continue short-term rentals under a prior non-conforming use exception after a new...
View ArticleZoning – Building permits — Reverter
Where grant to village did not dictate that land was to be used as a street, land did not revert to plaintiff and trial court did not err in dismissing the claim.
View ArticleZoning – Escrow fees — Resolution 2011-2
Where a plaintiff filed an application to the defendant township’s zoning board of appeals requesting an interpretation of the township’s zoning ordinance, the defendant did not act improperly by using...
View ArticleZoning – Medical marijuana dispensary
Where the Lansing City Council denied a request for rezoning by the owner of a building housing an unlicensed medical marijuana dispensary, a judge did not err by entering judgment in favor of the...
View ArticleZoning dispute over dental facility settled
Free parking included in settlement with City of Rochester
View ArticleZoning – Short-term rentals — License
Where the defendant township of Spring Lake denied a plaintiff’s application for a short-term rental license, the township’s decision should not be invalidated pursuant to the equitable estoppel doctrine.
View ArticleZoning – Preemption — Medical marijuana
Where the city of Warren cited a defendant for three ordinance violations, all arising from his marijuana operation, judgment was properly entered in favor of the defendant, as several zoning...
View ArticleZoning – Outdoor lighting — Hotel
Where the Zoning Board of Appeals for the city of Southfield denied an appellant hotel owner’s request to maintain exterior lighting on the property, it was not error for the board’s decision to be...
View ArticleZoning – Ripeness
Where a plaintiff township brought an action to enjoin a zoning ordinance violation, an order dismissing the complaint should be reversed, as the circuit court erred by concluding that it lacked...
View ArticleZoning – Standing — Aggrieved party
Where a judge found that the plaintiff Saugatuck Dunes Coastal Alliance lacked standing as an aggrieved party to appeal from two decisions of the defendant Saugatuck Township Zoning Board of Appeals, a...
View ArticleZoning – Seasonal lakefront docks — Permit
Where the Independence Township Planning Commission decided to grant a special land use permit allowing the Deer Lake Knolls Homeowners Association to dock up to 10 boats on four seasonal docks on a...
View ArticleZoning – Medical marijuana — Parkway
Where a site was deemed ineligible for a medical marijuana caregiver business license because of its proximity to the Rouge Valley Parkway, that ruling must be reversed because the parkway does not...
View ArticleZoning – Agri-tourism — Weddings
Where the Webster Township Zoning Board of Appeals determined that wedding barns are not included within the definition of “seasonal agri-tourism” under the township’s Agriculture Zoning District’s...
View ArticleZoning – Taking — Finality
Where plaintiff owners of real property filed a complaint alleging that the defendant township’s refusal to allow the opening of a liquor store on the property amounted to an unconstitutional taking,...
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