|Michigan Court of Appeals
|Michigan Zoning Enabling Act (MZEA), Part 615 of NREPA, oil, gas, drilling, home rule authority, Michigan Constitution
Gerry Fisher | 6745 Parke Lake Drive | Clarkston Michigan 48346 |
Michigan State Bar Public Corporation Law Section (PCLS)
The home rule authority granted to Michigan cities was expanded in the 1963 State Constitution, and this intent for broad authority to address local concerns and property matters is recognized in MZEA. The pervasive authority granted to cities in the MZEA includes the power to regulate in the field of natural resources and energy. A city’s general and unrestricted purposes to regulate natural resources and energy was recognized by the Michigan Supreme Court in Addison Township v Gout. This decision, along with the extensive evidence of legislative intent provided in the statutes and other cases, make it clear that MZEA and city zoning ordinances are not intended by the legislature to be preempted by Part 615.
|MSC requested LDF amicus brief?
Jordan Development Corporation has entered into a lease with