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TOWNSHIP OF BINGHAM v. RLTD R.R. CORP.

Docket No. 196418.

603 N.W.2d 795 (1999)

237 Mich. App. 538

TOWNSHIP OF BINGHAM, Plaintiff-Appellant, v. RLTD RAILROAD CORPORATION and Leelanau Trails Association, Inc., Defendants-Appellees.

Court of Appeals of Michigan.

Decided September 17, 1999, at 9:15 a.m.

Released for Publication January 10, 2000.

Attorney(s) appearing for the Case

Running, Wise, Ford & Phillips, P.L.C. (by Richard W. Ford), Traverse City, for the plaintiff.

Warner Norcross & Judd LLP (by Devin S. Schindler and Andrew D. Hakken), Grand Rapids, for the defendants.

Before: SAAD, P.J., and NEFF and HOEKSTRA, JJ.

ON REMAND

NEFF, J.

This case is before us for the second time. In our prior decision, we held that the fifteen-mile-long by one-hundred-foot wide transportation corridor at issue, part of which traverses plaintiff Bingham Township, was not subject to the township's local zoning ordinances, and, specifically, that in light of the Legislature's expressed intent to establish and maintain Michigan trailways, the township's local zoning ordinances are preempted...

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