Preview:

STATE OF MICHIGAN COURT OF APPEALS

DANIEL H. WHITMAN, LARRY PICCOLI, and MARY PICCOLI, Plaintiffs-Appellants, and GEORGE KLINGSPON, ETTA KLINGSPON, EDWARD HOWARD, LOIS HOWARD, and JOYCE CHASE, Plaintiffs, v GALIEN TOWNSHIP and GALIEN TOWNSHIP ZONING BOARD OF APPEALS, Defendants-Appellees.

FOR PUBLICATION June 10, 2010 9:10 a.m.

No. 287991 Berrien Circuit Court LC No. 2006-003177-AA

Advance Sheets Version

Before: OWENS, P.J., and O'CONNELL and TALBOT, JJ. O'CONNELL, J. On September 30, 2008, plaintiffs filed an application for leave to appeal the circuit court's September 9, 2008, order affirming defendant Galien Township Zoning Board of Appeals' grant of a special-use permit to Timothy Richter and Corrine Hoetger (the applicants). The permit was granted pursuant to the Galien Township Zoning Ordinance. Specifically, the circuit court affirmed the zoning board's grant of a special-use permit to allow the operation of a snowmobile, dirt bike, and ATV racetrack during the summer months in the township's agricultural zoning district. This Court denied plaintiffs' application for leave to appeal. Whitman v Galien Twp, unpublished order of the Court of Appeals, entered February 20, 2009 (Docket No. 287991). The Supreme Court subsequently remanded the case to this Court for consideration as on leave granted. Whitman v Galien Twp, 485 Mich 859 (2009).1 For the

1

By stipulation of the parties, George Klingspon, Etta Klingspon, Edward Howard, and Lois

-1-

reasons stated in this opinion, we reverse the circuit court's order affirming the zoning board and vacate the special-use permit. The applicants own a 70-acre parcel of property in Galien Township located at the corner of Mt. Zion Road and US-12, a major highway in the township's agricultural zoning district. Several residential homes are located near the property. The township's agricultural zoning district is governed by a zoning ordinance that provides in pertinent part: The following uses and regulations shall apply in the Agricultural District. SECTION 2.4 A

Download DANIEL H WHITMAN V GALIEN TOWNSHIP.pdf

Michigan Law