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ARTHUR LAND CO., LLC v. OTSEGO COUNTY

Docket No. 225459.

645 N.W.2d 50 (2002)

249 Mich. App. 650

ARTHUR LAND COMPANY, LLC, Plaintiff-Appellant, v. OTSEGO COUNTY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided February 8, 2002, at 9:00 a.m.

Released for Publication May 16, 2002.

Attorney(s) appearing for the Case

David M. Delaney, PLC (by David M. Delaney), Gaylord, for the plaintiff.

Cummings, McClorey, Davis & Acho, P.L.C. (by Gail P. Massad), Livonia, for the defendant.

Before: BANDSTRA, C.J., and FITZGERALD and GAGE, JJ.

BANDSTRA, C.J.

Plaintiff Arthur Land Company, L.L.C., appeals as of right from the trial court's order granting defendant Otsego County summary disposition of plaintiff's complaint for declaratory and injunctive relief. We reverse and remand.

I. Basic Facts and Procedural History

In November 1997, plaintiff petitioned to rezone property located in Livingston Township from its current designation of R-1 (residential district), to a zone that would...

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