TP. OF FRASER v. HANEY

Docket No. 160991 Calendar No. 3.

983 N.W.2d 309 (2022)

509 Mich. 18

TOWNSHIP OF FRASER, Plaintiff-Appellant, v. Harvey HANEY and Ruth Ann Haney, Defendants-Appellees.

Supreme Court of Michigan.

Decided February 8, 2022.


Attorney(s) appearing for the Case

Birchler, Fitzhugh, Purtell & Brissette, PLC (by Mark J. Brissette ) for plaintiff.

Outside Legal Counsel PLC, Hemlock (by Philip L. Ellison ) for defendants.

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

Rosati, Schultz, Joppich & Amtsbuechler, PC, Farmington Hills (by Steven P. Joppich ) and Gerald A. Fisher for the Michigan Municipal League and the Government Law Section of the State Bar of Michigan, amici curiae.

Bloom Sluggett, PC (by Clifford H. Bloom ) for the Michigan Lakes & Streams Association, Inc., amicus curiae.

Williams Williams Rattner & Plunkett, PC (by Jason C. Long ) for the Real Property Law Section of the State Bar of Michigan, amicus curiae.

BEFORE THE ENTIRE BENCH.


OPINION

Defendants, Harvey and Ruth Ann Haney, owned property in Fraser Township that is zoned for commercial use. Defendants brought a hog onto their property as early as 2006. At some point, additional hogs were brought onto the property. Plaintiff, Fraser Township, filed its complaint in May 2016, alleging that defendants' property...

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