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BEVAN v. BRANDON TWP.

Docket No. 86358, (Calendar No. 2).

438 Mich. 385 (1991)

475 N.W.2d 37

BEVAN v. BRANDON TOWNSHIP

Supreme Court of Michigan.

Decided September 9, 1991.

Attorney(s) appearing for the Case

Thomas J. Ryan, P.C., for the plaintiffs.

Campbell, Keenan, Harry & Cooney (by Richard A. Campbell and Stuart B. Cooney) for the defendants.

Amici Curiae:

Bauckham, Sparks, Rolfe & Thomsen, P.C. (by John H. Bauckham and Lynda E. Thomsen), for Michigan Townships Association.

Kohl, Secrest, Wardle, Lynch, Clark & Hampton (by Gerald A. Fisher) for Michigan Municipal League, City of Auburn Hills, City of Bloomfield Hills, Bloomfield Township, City of Farmington, City of Farmington Hills, Independence Charter Township, Oakland Charter Township, and West Bloomfield Charter Township.

GRIFFIN, J.

We must decide whether enforcement of a township ordinance which restricts the use of plaintiffs' land amounts in this case to an unconstitutional "taking" without just compensation. Plaintiffs own approximately six acres of undeveloped land which does not front on a public road. Their predecessor in title had divided the parcel into two contiguous lots, each with its own tax description, and the lots were sold separately to plaintiffs. The only access...

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