HERMAN v. BERRIEN COUNTY

Docket No. 134097. Calendar No. 5.

750 N.W.2d 570 (2008)

481 Mich. 352

Joe HERMAN, Sue Herman, Jay Jollay, Sarah Jollay, Jerry Jollay, Neal Kreitner, Tony Peterson, Liz Peterson, Randy Bjorge, Annette Bjorge, and Tina Buck, Plaintiffs-Appellants, v. COUNTY OF BERRIEN, Defendant-Appellee.

Supreme Court of Michigan.

Decided June 18, 2008.


Attorney(s) appearing for the Case

Rhoades McKee P.C., (by Gregory G. Timmer and Michael C. Walton), and Westrate & Thomas, (by Mark A. Westrate), Grand Rapids, Dowagiac, for the plaintiffs.

Lewis Reed & Allen P.C., (by Michael B. Ortega and Robert C. Engels), and R. McKinley Elliott, Kalamazoo, Niles, for the defendant.

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


Opinion

MICHAEL F. CAVANAGH, J.

This case involves further analysis of the issue presented in Pittsfield Charter Twp. v. Washtenaw Co., 468 Mich. 702, 664 N.W.2d 193 (2003), in which we held that the county commissioners act (CCA)1 has priority over the Township Zoning Act (TZA).2 Today we are asked to gauge the scope of...

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