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TP. OF FRASER v. HANEY

No. 337842.

932 N.W.2d 239 (2018)

327 Mich. App. 1

TOWNSHIP OF FRASER, Plaintiff-Appellee, v. Harvey HANEY and Ruth Ann Haney, Defendants-Appellants.

Court of Appeals of Michigan.

December 20, 2018.

Approved for Publication January 17, 2019, 9:00 a.m.

Attorney(s) appearing for the Case

Birchler, Fitzhugh, Purtell, & Brissette, PLC (by Mark Brissette .) for Fraser Township.

Outside Legal Counsel, PLC (by Phillip L. Ellison .) for Harvey Haney and Ruth Ann Haney.

Bauckham, Sparks, Thall, Seeber & Kaufman, PC (by Robert E. Thall , and T. Seth Koches .) for the Michigan Townships Association.

Before: Swartzle, P.J., and Sawyer and Ronayne Krause, JJ.

Plaintiff filed this suit seeking injunctive relief to abate a public nuisance. Plaintiff claimed that defendants' piggery violated the zoning ordinance applicable to defendants' property (the land was zoned as "commercial" and not "agricultural"). Defendants filed a motion for summary disposition under MCR 2.116(C)(7) (claim barred by statute...

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