|Case Forum:||Michigan Court of Appeals|
|Keywords:||billboards, zoning, nonconforming uses, Zoning Board of Appeals (ZBA), board of zoning appeals (BZA)|
Eric D. Williams (P33359) | 524 North State Street | Big Rapids, MI 49307 | 231-796-8945 | [email protected]
The general standard of review applied to a decision of a zoning board of appeals is stated in MCL 125.3606(1), to ensure the decision (a) complies with the constitution and laws of the state, (b) is based upon proper procedure, (c) is supported
The Court orders, pursuant to the terms of the stipulation filed by the parties under MCR 7.218(B), that this appeal is dismissed with prejudice and without costs.
|MSC requested LDF amicus brief?||No|
Buffalo Realty owns the land at 410 Pearl Street and leased the right to erect, operate, and remove a billboard. The City of Grand Rapids amended its zoning ordinance in 2008, making it illegal to place a billboard on the site. The lessee demolished and removed its billboard in 2011. Buffalo Realty’s new lessee applied for a permit to erect another billboard on the site and was turned down because billboards are prohibited in that zoning district. Buffalo Realty and its new lessee ask the Court of Appeals to order the City of Grand Rapids to issue a permit for a new billboard to be constructed at the site, contrary to the zoning ordinance, claiming Buffalo Realty owns a “vested right” to continue the nonconforming use established and terminated by the prior lessee.