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PEGASUS WIND, LLC v. TUSCOLA COUNTY

No. 355715.

988 N.W.2d 17 (2022)

340 Mich. App. 715

PEGASUS WIND, LLC, Plaintiff-Appellant, v. TUSCOLA COUNTY, Defendant-Appellee, and Tuscola Area Airport Zoning Board of Appeals, Intervenor-Appellee.

Court of Appeals of Michigan.

Decided February 24, 2022, 9:25 a.m.

Attorney(s) appearing for the Case

Warner Norcross + Judd LLP (by Jonathan E. Lauderbach , Midland, Daniel P. Ettinger , and Ashley G. Chrysler , Grand Rapids) for Pegasus Wind, LLC.

Braun Kendrick Finkbeiner PLC, Saginaw (by Jamie Hecht Nisidis and Clayton J. Johnson ) for Tuscola County.

Foster, Swift, Collins & Smith, PC, Grand Rapids (by Michael D. Homier and Laura J. Genovich ) for the Tuscola Area Airport Zoning Board of Appeals.

Before: Rick, P.J., and Murray and Shapiro, JJ.

In this zoning dispute, plaintiff, Pegasus Wind, LLC (Pegasus), appeals as of right the Tuscola Circuit Court's order affirming the decision of intervenor, the Tuscola Area Airport Zoning Board of Appeals (the AZBA), to deny eight variance applications for additional wind turbines. For the reasons stated in this opinion, we reverse in...

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