|Case Forum:||Circuit Courts|
|Keywords:||school siting, zoning, school board, Township Rural Zoning Act, City Village and Municipal Planning Act, County Rural Zoning Enabling Act|
John. H. Bauckham | Bauckham, Sparks, Rolfe & Thomsen, P.C.
Michigan Townships Association (MTA)
The zoning enabling acts are comprehensive, clear and
|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.