SILVA v. ADA TWP.

Docket Nos. 65815, 66201. (Calendar Nos. 6, 7).

416 Mich. 153 (1982)

330 N.W.2d 663

SILVA v. ADA TOWNSHIP OTTAWA SILICA COMPANY v. BROWNSTOWN TOWNSHIP

Supreme Court of Michigan.

Decided December 23, 1982.


Attorney(s) appearing for the Case

Dilley & Dilley (by Robert W. Dilley) for the plaintiffs in Silva.

Varnum, Riddering, Wierengo & Christenson (by Thomas J. Heiden and Bruce G. Hudson) for Ada Township.

Freihofer, Oosterhouse, DeBoer & Barnhart (by Walter B. Freihofer) for intervening defendants in Silva.

D'Avanzo, Danko & Aycock (by Stephen G. Danko) for Ottawa Silica Company.

William J. DeBiasi, P.C., for Brownstown Township.

Amici Curiae:

Dykema, Gossett, Spencer, Goodnow & Trigg (by James W. Collier, Daniel G. Wyllie, and Michael G. O'Neill) for Lyon Development Company.

Honigman, Miller, Schwartz & Cohn (by Joseph M. Polito) for Lyon Sand & Gravel Company.

Bauckham, Reed, Lang, Schaefer & Travis, P.C. (by Robert F. Travis and John H. Bauckham), for Michigan Townships Association.

Kitchen, Schmerberg & Ward (by Leonard K. Kitchen) for Whittaker & Gooding Company.


LEVIN, J.

These cases, consolidated on appeal, concern the standard for determining the validity of zoning which prevents the extraction of natural resources. In both cases, the Court of Appeals upheld zoning regulations which would prevent the extraction of natural resources without considering whether "very serious consequences" would result from the extraction. We reaffirm the rule of Certain-teed Products Corp v Paris Twp, 351 Mich. 434...

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