Court Rejects Constitutional Challenges to Township’s Rezoning Denial

The Court of Appeals recently rejected a constitutional challenge to a township’s decision to deny a rezoning request. Chestnut Development, LLC v Twp of Marion, __ Mich App __ (unpublished decision of June 22, 2010). There, the Court agreed the township’s decision was not arbitrary since the township considered the following: (1) advice from its planning consultant, (2) the nature of the surrounding property, (3) the absence of sewer service, and (4) the notation in the county comprehensive plan that sewer should not be extended to property such as plaintiff’s. It also rejected the developer’s takings claim, since the developer did not show that it was completely deprived of all economically beneficial uses of the property. Namely, the plaintiff admitted that it did not pursue a Planned Unit Development (PUD) request under the SR (Suburban Residential) zoning scheme. Further, the plaintiff did not evaluate the potential for splitting the property for development, and it presented no evidence indicating that it could not use the property in some other economically viable manner or that the property was unmarketable for some use as zoned. Further, the plaintiff could not establish a valid takings claim because the plaintiff all but acknowledged that it could still sell the property at a profit, and it purchased the land with full knowledge of its zoning classification and poor soil. Foster Swift attorney Thomas Meagher represented the Township.