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OTTAWA CTY. FARMS, INC. v. POLKTON TWP.

Docket No. 69283.

131 Mich. App. 222 (1983)

345 N.W.2d 672

OTTAWA COUNTY FARMS, INC. v. POLKTON TOWNSHIP

Michigan Court of Appeals.

Decided December 19, 1983.

Attorney(s) appearing for the Case

Scholten, Fant & Marquis, P.C. (by R. Neal Stanton and Larry Sanders), for plaintiff.

Bussard & Sielski (by James W. Bussard), for defendant.

Amicus Curiae:

Foster, Swift, Collins & Coey, P.C. (by David VanderHaagen and Stephen O. Schultz), for Polkton Citizens for the Prevention of Environmental Pollution.

Before: R.B. BURNS, P.J., and MacKENZIE and J.L. BANKS, JJ.

MacKENZIE, J.

This zoning case concerns plaintiff's construction of a sanitary refuse landfill on property located within defendant township. The site in question is zoned as an agricultural district. Plaintiff's first request of defendant for permission to establish the landfill was denied, and plaintiff filed suit in circuit court seeking injunctive relief. While that suit was pending, defendant amended its zoning ordinance and plaintiff sought permission to establish...

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