|Case Forum:||Michigan Court of Appeals|
|Keywords:||zoning, school siting, site plan review, Revised School Code|
John H. Bauckham | Bauckham, Sparks, Rolfe, Lohrstorfer & Thall, P.C.
Michigan Townships Association (MTA)
All Michigan statutes delegating zoning authority to local municipalities include authority to regulate the use of land for education, recreation, and other public service facilities to promote public health, safety and general welfare of their communities. The 1990 amendment to the school code was not intended to and does not elevate school board’s authority above reasonable local zoning regulations. Zoning ordinances cover many different facets of land use than “site plan
Michigan Court of Appeals:
|MSC requested LDF amicus brief?||No|
Defendants planned construction of a new high school in Northville Charter Township. The township, along with area residents, requested that defendants alter construction plans to accommodate their concerns regarding parking, buffering, setback, storm water control, and tree preservation issues. Defendants declined to adopt all the requested changes, taking the position that the Revised School Code exempted them from local zoning regulations. The township filed a circuit court complaint requesting declaratory and injunctive relief. Individual property owners intervened, filing their own complaint for declaratory and injunctive relief. Plaintiff and intervenors filed motions for summary disposition under MCR 2.116(C)(9), seeking a declaratory ruling that defendants’ construction plans were subject to plaintiff ‘s local zoning regulations, including the site plan review process. The circuit court denied those motions, ruling that the Revised School Code exempted defendants from local zoning regulations. Intervenors appeal as of right from the circuit court’s decision.