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KYSER v. KASSON TP.

Docket Nos. 272516, 273964.

755 N.W.2d 190 (2008)

278 Mich. App. 743

Edith KYSER, Plaintiff-Appellee, v. KASSON TOWNSHIP, Defendant-Appellant. Edith Kyser, Plaintiff-Appellant, v. Kasson Township, Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 6, 2008, at 9:00 a.m.

Attorney(s) appearing for the Case

Olson, Bzdok & Howard, P.C. (by Christopher M. Bzdok and Michael C. Grant), Traverse City, for the plaintiff.

Running, Wise & Ford, P.L.C. (by Richard W. Ford and Thomas A. Grier), Traverse City, for the defendant.

Warner Norcross & Judd, L.L.P. (by Kenneth W. Vermeulen and John J. Bursch), Grand Rapids, for the Michigan Aggregates Association, amicus curiae.

Gerald A. Fisher, Rochester and Richard Norton, Ann Arbor, for the American Planning Association and the Michigan Association of Planning, amici curiae.

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

Before: WHITBECK, P.J., and JANSEN and DAVIS, JJ.

JANSEN, J.

Following a bench trial, the circuit court entered an order permitting plaintiff to mine gravel on her property and enjoining defendant from interfering with plaintiff's gravel-mining operation, notwithstanding a township zoning ordinance that purported to disallow gravel mining on plaintiff's land. The circuit court also denied plaintiff's requests for costs and sanctions against defendant. Both parties now appeal as of right, we consolidate the appeals...

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