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STATE OF MICHIGAN COURT OF APPEALS

HURON CHARTER TOWNSHIP, Plaintiff-Appellee, v LANNY DESMOND FOX, Defendant-Appellant.

UNPUBLISHED March 2, 2010

No. 289734 Wayne Circuit Court LC No. 07-721662-CE

Before: Fitzgerald, P.J., and Cavanagh and Davis, JJ. PER CURIAM. Defendant appeals as of right from the trial court's order granting plaintiff summary disposition and injunctive relief. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E). I This case concerns defendant's alleged violation of plaintiff's "tree protection" ordinance. The ordinance includes these relevant provisions: 145.100 FINDINGS, RATIONALE, PURPOSE *** 145.102 Purpose. Sec. 1.02. A. To provide for the protection, preservation, replacement, proper maintenance and use of trees and woodlands located on a parcel of land ten acres in size or greater in the township in order to minimize disturbance to them and to prevent damage from erosion and siltation, a loss of wildlife and vegetation, and/or the destruction of the natural habitat. (See also section 4.01.) *** 145.400 APPLICABILITY -1-

145.401 Site plans, plats, and site condominiums. Sec. 4.01. This ordinance shall apply to land regardless of size for which a site plan or land division plan was or is submitted for approval to the planning commission on or after the effective date of this ordinance, or for which a preliminary plat or preliminary site condominium development plan has received tentative approval on or after such date, provided the site plan, land division plan, plat, or condominium plan remain [sic] in effect in good standing under the Huron Township Zoning Ordinance and other applicable ordinances. 145.500 TREE REMOVAL PERMIT REQUIRED

145.501 Requirement established. Sec. 5.01. Subject to the exceptions enumerated in Article VI no person shall remove, cause to be removed, transplant or destroy, on any land in the township to which this ordinance applies, any permitted tree having six inches d.b.h. ["diameter at breast height," defined as 4

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