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BENGSTON v. DELTA COUNTY

No. 250556.

703 N.W.2d 122 (2005)

266 Mich. App. 612

GARY BENGSTON, and ANNIS BENGSTON, Plaintiffs-Appellants, v. DELTA COUNTY and Delta County Zoning & Building Department, Defendants-Appellees.

Court of Appeals of Michigan.

Decided June 2, 2005, at 9:05 a.m.

Released for Publication August 25, 2005.

Attorney(s) appearing for the Case

Frank A. Stupak, Jr., Escanaba, for the plaintiffs.

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

Before: MURRAY, P.J. and O'CONNELL and DONOFRIO, JJ.

DONOFRIO, J.

Plaintiffs appeal as of right an order granting summary disposition to defendants Delta County and Delta County Zoning and Building Department.1 The basic dispute in this case involves the zoning of plaintiffs' property in Wells Township, located in Delta County. Because the township ordinance zoning the property for commercial use is controlling rather than defendants' county ordinance zoning the property for residential...

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