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STATE OF MICHIGAN
COURT OF APPEALS


NAPOLEON TOWNSHIP, Plaintiff-Appellant, v MICHAEL O. NEVINS and DIANE L. NEVINS, Defendants-Appellees.

UNPUBLISHED May 1, 2007

No. 273870 Jackson Circuit Court LC No. 06-001935-CZ

Before: Whitbeck, C.J., and Murphy and Cooper, JJ. PER CURIAM. Plaintiff Napoleon Township (township) appeals as of right the trial court order granting summary disposition in favor of defendants in this zoning enforcement action in which the trial court found that the township was estopped from claiming violation of a 50-foot setback requirement and that, regardless, there was no factual basis supporting the alleged violation. We reverse and remand for further proceedings. I. Complaint and Answer The township filed its complaint on July 27, 2006, alleging that defendants owned real property within the township's boundaries, thereby making the property subject to the township's zoning ordinances. The township asserted that defendants had commenced construction of a boathouse on their premises located at the water's edge and that the boathouse had three open sides and a roof that was held up by beams or pillars. According to the township, the boathouse constituted a "structure" under its zoning ordinances.1 Pursuant to the zoning ordinances, defendants' property is zoned as single-family residential and is considered a waterfront lot, and structures on waterfront lots are subject to a 50-foot setback from the high water line.2 As alleged by the township, the boathouse violated the 50-foot setback requirement

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Napoleon Township Ordinance

Download TOWNSHIP OF NAPOLEON V MICHAEL O NEVINS.pdf

Michigan Law