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ANSELL v. DELTA COUNTY PLANNING COM'N

No. 345993.

957 N.W.2d 47 (2020)

332 Mich. App. 451

Earl L. ANSELL, Jeanne Ansell, Delores Hawthorne, Douglas G. Smith, Virginia A. Smith, Robert Charles Vertz, Penny Jean Vertz, John Gavre, Cristilyn Currie, Larry Dean Kelley, Debbie Tatrow, Brenn Albert Kurth, Michelle Kurth, Cynthia Skinner, Harry Whaling, and David Wilkowski, Appellants, v. DELTA COUNTY PLANNING COMMISSION, County of Delta, Heritage Sustainable Energy, LLC, and Heritage Garden Wind Farm, LLC, Appellees.

Court of Appeals of Michigan.

Decided June 4, 2020, 9:00 a.m..

Attorney(s) appearing for the Case

Bensinger, Cotant & Menkes, PC (by William R. Sullivan ), Benesch Friedlander Coplan & Aronoff (by John F. Stock ), and Topp Law PLC, Gaylord (by Susan Hlywa Topp ) for Earl L. Ansell and others.

Kuhn Rogers, PLC (by Joseph E. Quandt and Troy W. Stewart , Traverse City) for Heritage Sustainable Energy, LLC, and Heritage Garden Wind Farm, LLC.

Bray, Cameron, Larrabee & Clark, PC (by Jessica Bray , Escanaba) for the Delta County Planning Commission and Delta County.

Before: Stephens, P.J., and Servitto and Krause, JJ.

Appellants, residents of Delta County, appeal as of right the circuit court order dismissing appellants' challenges to zoning decisions by the Delta County Planning Commission for lack of jurisdiction. We affirm.1

I. BACKGROUND

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