|Case Forum:||Michigan Supreme Court|
|Keywords:||no very serious consequences, zoning ordinances, rezoning, gravel pits|
Mary Massaron Ross | Plunkett Cooney | 535 Griswold St, Suite 2400 | Detroit, MI 48226 | 313-983-4801
Michigan Municipal League Liability & Property Pool (Pool)
The Michigan courts afford de novo review of a question of statutory interpretation and the Michigan Legislature is empowered to enact statutes that supercede
We hold that the rule of Silva is not a constitutional requirement and, in fact, violates the constitutional separation of powers. Further, we conclude that the rule is superseded by the exclusionary zoning provision, MCL 125.297a of the TZA, now MCL 125.3207 of the Zoning Enabling Act (ZEA). Accordingly, we reverse the Court of Appeals and remand to the trial court for further proceedings.
|MSC requested LDF amicus brief?||No|
Significant gravel deposits underlie defendant Kasson Township. Between 1988 and 1994, defendant experienced