SHEPHERD MONTESSORI v. ANN ARBOR CHARTER

Docket No. 137443.

783 N.W.2d 695 (2010)

SHEPHERD MONTESSORI CENTER MILAN, a Michigan not for profit corporation, Plaintiff-Appellee, v. ANN ARBOR CHARTER TOWNSHIP, Ann Arbor Charter Township Zoning Official, and Ann Arbor Charter Township Zoning Board of Appeals, Defendants-Appellants.

Supreme Court of Michigan.

June 18, 2010.


Opinion

HATHAWAY, J.

At issue is whether defendants violated plaintiff's right to equal protection by denying a request for a zoning variance. We hold that defendants' denial of plaintiff's variance request does not violate equal protection principles because plaintiff has not met the threshold burden of proof for its equal protection challenge by showing disparate treatment of similarly situated entities based on religion. Accordingly, we reverse the Court...

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