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HENDEE v. PUTNAM TP.

Docket Nos. 137446, 137447. Calendar No. 2.

786 N.W.2d 521 (2010)

486 Mich. 556

Jeffrey HENDEE, Michael Hendee, Louann Demorest Hendee, and Village Pointe Development LLC, Plaintiffs-Appellees, v. PUTNAM TOWNSHIP, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 15, 2010.

Attorney(s) appearing for the Case

Myers & Myers, PLLC (by Roger L. Myers), Howell, for plaintiffs.

Foster, Swift, Collins & Smith, P.C. (by Thomas R. Meagher), Lansing, for defendant.

McClelland & Anderson, LLP (by David E. Pierson), Lansing, Honigman Miller Schwartz & Cohn LLP (by Norman Hyman), and Berry Reynolds & Rogowski PC (by Ronald E. Reynolds), Farmington Hills, for amici curiae the Real Property Law Section of the State Bar of Michigan.

Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. (by John K. Lohrstorfer), Kalamazoo, for amici curiae the Michigan Townships Association.

Johnson, Rosati, LaBarge, Aseltyne & Field, P.C. (by Carol A. Rosati), Farmington Hills, for amici curiae the Michigan Municipal League, the Michigan Municipal Risk Management Authority, and the Michigan Municipal League Liability and Property Pool.

WEAVER, J.

In this zoning case, Putnam Township (1) denied plaintiffs' request to rezone a 144-acre parcel from agricultural-open space (A-O) use to single-family, rural residential (R-1-B) use, (2) denied a request for a planned unit development (PUD) that would have permitted R-1-B development of the parcel and, (3) denied a use variance that would have permitted residential development of up to 95 lots. In light of these circumstances, we consider whether the trial...

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