KYSER v. TOWNSHIP

Docket No. 136680. Calendar No. 1.

786 N.W.2d 543 (2010)

Edith KYSER, Plaintiff-Appellee, v. Kasson TOWNSHIP, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 15, 2010.


Attorney(s) appearing for the Case

Olson, Bzdok & Howard, P.C. (by Christopher M. Bzdok and Michael C. Grant), for plaintiff.

Gerald A. Fisher and Running, Wise & Ford, P.L.C. (by Richard W. Ford and Thomas A. Grier), for defendant.

Bauckham, Sparks, Lohrstorfer, Thall & Seeber, PC (by John H. Bauckham), for Amici Curiae Michigan Townships Association.

Johnson, Rosati, LaBarge, Aseltyne & Field, P.C. (by Carol A. Rosati), for Amici Curiae Public Corporation Law Section.

Richard K. Norton, for Amici Curiae American Planning Association and the Michigan Association of Planning.

Warner Norcross & Judd LLP (by Kenneth W. Vermeulen, John J. Bursch, and Ga~tan Gerville-RZache), for Amici Curiae Michigan Aggregates Association.

Berry Reynolds & Rogowski, PC (by Susan K. Friedlaender), for Amici Curiae Michigan Paving & Materials Company and the Edward C. Levy Company.

Plunkett Cooney (by Mary Massaron Ross), for Amici Curiae Michigan Municipal League and the Michigan Municipal League Liability & Property Pool.


Opinion

MARKMAN, J.

At issue here is: (1) whether the rule articulated in Silva v. Ada Twp., 416 Mich. 153, 330 N.W.2d 663 (1982), which held that a zoning ordinance is unreasonable if the person challenging the ordinance can show that there are natural resources on the property and that "no very serious consequences" would result from extracting such resources, is constitutionally...

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