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AMERICAN AGGREGATES CORP. v. HIGHLAND TOWNSHIP

Docket Nos. 78133, 80713, 82054.

151 Mich. App. 37 (1986)

390 N.W.2d 192

AMERICAN AGGREGATES CORPORATION v. HIGHLAND TOWNSHIP

Michigan Court of Appeals.

Decided April 21, 1986.

Attorney(s) appearing for the Case

Milmet, Vecchio, Ward & Carnago, P.C. (by James Wynne), for plaintiff.

Dickinson, Wright, Moon, Van Dusen & Freeman (by Charles T. Harris, Erik J. Stone, and Sara Zivian Zwickl), for defendant.

Amici Curiae:

Honigman, Miller, Schwartz & Cohn (by Joseph M. Polito and Elizabeth A. Lawery), for Michigan Mineral Resources Association; Michigan State Chamber of Commerce; Bill Smith Sand & Gravel, Inc.; Blount Materials Corporation; The France Stone Company; Grand Rapids Gravel Company; Huebscher and Son, Inc.; Lyon Sand & Gravel Co.; Michigan Aggregates Corporation; Natural Aggregates Corporation; Presque Isle Corporation; and Whittaker & Gooding Co.

Elizabeth S. Harris, for East Michigan Environmental Action Council.

Bauckham, Reed, Lang, Schaefer & Travis, P.C. (by Robert F. Travis), for Michigan Townships Association; the Charter Township of Milford; the Township of Orion; Oakland Township; and the Township of Rose.

Before: BEASLEY, P.J., and GRIBBS and M.H. CHERRY, JJ.

BEASLEY, P.J.

Plaintiff, American Aggregates Corporation, an Ohio corporation, owns an 824-acre tract of land located in the defendant Township of Highland in Oakland County. On February 27, 1975, plaintiff submitted a written application to the Highland Township Board for rezoning of its property from "A-1 General Agriculture" to "M-E Extractive Industrial" in order to allow mining of sand and gravel. After plaintiff...

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