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In <a href="http://publicdocs.courts.mi.gov:81/SCT/PUBLIC/ORDERS/155024_42_01.pdf">Charter Township of Lyon v. Petty and Charter Township of Lyon v. Hoskins, Case Nos. 155024 and 155025</a>, in lieu of granting leave to appeal the Court of Appeals&#39; decision that municipalities may choose whether and when to enforce zoning ordinances at any time, the Michigan Supreme Court vacated two portions of the Court of Appeals&#39; decision, opining that these statements were not necessary for the holding and were not well grounded in Michigan jurisprudence. The vacated statements are: 
  
(1) “moreover, as a matter of law, $7,000 worth of additions to a storage barn falls short of the ‘substantial change in position’ or ‘extensive obligations and expenses’ necessary for equity to overcome a township’s zoning authority[,] 83 Am Jur 2d § 937, p 984;” and 
  
(2) “Courts have also held that the property owner must establish ‘a financial loss . . . so great as practically to destroy or greatly to decrease the value of the . . . premises for any permitted use[,]’ Carini v Zoning Bd of Appeals, 164 Conn 169, 173; 319 A2d 390 (1972).” 
  
In all other respects, leave to appeal was denied. To view our previous blog post about the Court of Appeals’ opinion, click <a href="http://www.wnj.com/Blogs/Appellate/October-2016/COA-holds-that-mere-enforcement-delay-does-not-cre">here</a>.

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Ashley G. Chrysler

Labor and Employment

MSC denies leave to consider whether municipalities can bring suit for violating zoning ordinances after decades of use

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MSC denies leave to consider whether municipalities can bring suit for violating zoning ordinances after decades of use

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