Justia Zoning, Planning & Land Use Opinion Summaries

In Docket No. 151800, Clam Lake Township and Haring Charter Township (the Townships) appealed the determination of the State Boundary Commission (the Commission) that an agreement entered into under the Intergovernmental Conditional Transfer of Property by Contract Act (Act 425 agreement) between the Townships was invalid. In Docket No. 153008, as the Commission proceedings in Docket No. 151800 were ongoing, TeriDee, LLC brought an action against the Townships, seeking a declaratory judgment that the Act 425 agreement was void as against public policy because it contracted away Haring’s zoning authority by obligating Haring’s zoning board to rezone pursuant to the agreement. The Act 425 agreement at issue here sought to transfer to Haring Charter Township an undeveloped parcel of roughly 241 acres of land in Clam Lake Township that was zoned for forest-recreational use. The agreement provided a description of the Townships’ desired economic development project, including numerous minimum requirements for rezoning the property. Approximately 141 acres of the land were owned by TeriDee LLC, the John F. Koetje Trust, and the Delia Koetje Trust (collectively, TeriDee), who wished to develop the land for commercial use. To achieve this goal, TeriDee petitioned the Commission to have the land annexed by the city of Cadillac. The Commission found TeriDee’s petition legally sufficient and concluded that the Townships’ Act 425 agreement was invalid because it was created solely as a means to bar the annexation and not as a means of promoting economic development. The Townships appealed the decision in the circuit court, and the court upheld the Commission’s determination, concluding that the Commission had the power to determine the validity of an Act 425 agreement. The Townships sought leave to appeal in the Court of Appeals, which the Court of Appeals denied in an unpublished order. The Michigan Supreme Court held: (1) the State Boundary Commission did not have the authority to determine the validity of the Act 425 agreement and could only find whether an agreement was "in effect"; and (2) an Act 425 agreement can include requirements that a party enact particular zoning ordinances, and the Court of Appeals erred by concluding to the contrary. TeriDee's annexation petition was preempted. Both cases were remanded to the circuit court for further proceedings. View "Clam Lake Township v. Dept. of Licensing & Reg. Affairs" on Justia Law

Elba Township brought an action against the Gratiot County Drain Commissioner seeking to enjoin the commissioner from consolidating the drainage districts associated with the No. 181-0 drain and its tributary drains. Elba Township argued that the consolidation proceedings had violated the Drain Code because the No. 181-0 drain petition for consolidation lacked the statutorily required number of freeholder signatures and the notice of the hearing by the board of determination had been deficient. Plaintiffs David Osborn, Mark Crumbaugh, Cloyd Cordray, and Rita Cordray intervened, similarly seeking declaratory and injunctive relief and claiming that the petition was defective and that the notice of the meeting of the board of determination was defective, resulting in a violation of their due process rights. With regard to the due process claim, plaintiffs’ primary complaint was that some of the property that would be affected by the drainage project lay outside the townships listed in the notice, although the notice stated that it was being sent to persons liable for an assessment. The drain commissioner moved for summary judgment, arguing that the appropriate number of signatures had been gathered and that the notice given appropriately informed those affected by the proposed consolidation of the date, time, and place of the board-of-determination hearing. Elba Township and plaintiffs filed cross-motions for summary judgment. The court granted the drain commissioner’s motion, finding that only 5 freeholder signatures were required on the petition rather than the 50 signatures the township claimed. Elba Township and the Osborn plaintiffs appealed. The Court of Appeals affirmed the trial court’s exercise of equitable jurisdiction, but reversed on the merits. Upon review, the Supreme Court concluded that the lower courts improperly exercised equitable jurisdiction over the signature-requirement question but properly exercised such jurisdiction over the question of notice. "The former question is purely statutory and, as such, there were no grounds on which the lower courts could properly exercise equitable jurisdiction. Though the exercise of equitable jurisdiction over the latter question was proper, we conclude that constitutional due process did not entitle plaintiffs to receive notice of the 'board of determination' hearing. The trial court’s order granting summary judgment for defendant was reinstated. View "Elba Township v. Gratiot County Drain Commissioner" on Justia Law