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CHARTER TP. OF NORTHVILLE v. NORTHVILLE PUBLIC SCHOOLS

Docket No. 219124.

635 N.W.2d 508 (2001)

247 Mich. App. 178

Charter Township of Northville, Plaintiff, and Heather SCHULZ, Jeffrey Schulz, Mary Lowe, George Lowe, Eric Hanpeter, Laura Hanpeter, Frank Corona, Marcella Corona, David Malmin, Lee Ann Malmin, John Miller, Debra Miller, Tom Conwell, Evy Conwell, Mary Beth Yakima, Dan Yakima, Richard Lee, Patty Lee, Beth Peterson, Rick Peterson, John Buchanan, Ken Buchanan, Larry Gregory, Nancy Gregory, K. Maureen Wynalek, James Wynalek, Harold W. Bulger, and Sandra A. Bulger, Intervening Plaintiffs-Appellants, v. NORTHVILLE PUBLIC SCHOOLS, Superintendent of Northville Public Schools, and Northville Board of Education, Defendants-Appellees.

Court of Appeals of Michigan.

Decided August 17, 2001, at 9:15 a.m.

Released for Publication October 31, 2001.

Attorney(s) appearing for the Case

Butzel Long (by Susan K. Friedlaender), Birmingham, for the intervening plaintiffs.

Keller, Thoma, Schwarze, Schwarze, DuBay & Katz, P.C. (by Robert A. Lusk, Christopher M. Murray, and Joseph R. Furton, Jr.), Detroit, for the defendants. .

Bauckham, Sparks, Rolfe, Lorstorfer & Thall, P.C. (by John H. Bauckham), Kalamazoo, for amici curiae Michigan Townships Association and Michigan Municipal League.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Jeffrey J. Butler and Edith C. Harsh, Assistant Attorneys General, for the Superintendent of Public Instruction.

Anthony A. Derezinski and Brad A. Banasik, Lansing, for the Michigan Association of School Boards.

Before: SMOLENSKI, P.J., and JANSEN and FITZGERALD, JJ.

SMOLENSKI, P.J.

This case requires us to decide whether a provision of the Revised School Code, M.C.L. § 380.1263(3), exempts school construction projects from local land use regulations, including zoning controls and site plan reviews. Further, we must decide whether the statute unconstitutionally delegates legislative authority to the superintendent of public instruction. We conclude that the statute is constitutional and that its plain language exempts school...

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