BELVIDERE TOWNSHIP v. HEINZE

Docket No. 215599.

615 N.W.2d 250 (2000)

241 Mich. App. 324

BELVIDERE TOWNSHIP, Plaintiff-Appellant, v. Gregory Lew HEINZE, Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 26, 2000, at 9:20 a.m.

Released for Publication August 29, 2000.


Attorney(s) appearing for the Case

Varnum, Riddering, Schmidt & Howlett, LLP (by Teresa S. Decker and Mark E. Nettleton), Grand Rapids, and Richard D. Palmer, Greenville, for the plaintiff.

Moore & Simon (by Dennis L. Moore), Edmore, and Warner Norcross & Judd LLP (by Devin S. Schindler), Grand Rapids, for the defendant.

Before: FITZGERALD, P.J., and SAAD and WHITBECK, JJ.


PER CURIAM.

Plaintiff appeals as of right the order granting defendant's motion for summary disposition in this action in which plaintiff alleged a nuisance arising from, and seeking an injunction against, defendant's use of his property in Belvidere Township as a hog facility without receiving a special use permit. The trial court granted summary disposition pursuant to MCR 2.116(C)(10) on the ground that there was no genuine issue of material fact that defendant...

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