CENTURY CELLUNET OF SOUTHERN MICHIGAN CELLULAR, LTD. v. SUMMIT TWP.

Docket No. 225713.

655 N.W.2d 245 (2002)

250 Mich. App. 543

CENTURY CELLUNET OF SOUTHERN MICHIGAN CELLULAR, LIMITED PARTNERSHIP, Petitioner-Appellant, v. SUMMIT TOWNSHIP, Defendant-Appellee, and Lee Brown and Janet Brown, Intervenors-Appellees.

Court of Appeals of Michigan.

Decided March 29, 2002, at 9:15 a.m.

Released for Publication July 11, 2002.


Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith, P.C. (by William K. Fahey, Steven J. Rhodes, and Richard L. Hillman), Lansing, for the appellant.

William A. Thompson, Jackson, for Summit Township.

Brian E. Thiede, Parma, for Lee and Janet Brown.

Before: O'CONNELL, P.J., and SAWYER and SMOLENSKI, JJ.


SMOLENSKI, J.

Petitioner appeals by leave granted the circuit court's order affirming the decision of the Summit Township Zoning Board of Appeals (ZBA). The ZBA denied petitioner's application to modify the nonconforming use of its telecommunications tower. We conclude that the ZBA correctly characterized petitioner's application as a request to extend or expand a nonconforming use. However, we also conclude that Summit Township's zoning ordinance violates the Township...

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