No Exclusionary Zoning Where Township Once Had Land Use But That Use Is Not in the Township Due to City Annexation

The Court of Appeals rejected a claim that a township was excluding commercial uses where there are many commercial uses in the neighboring city and some of those uses were formerly in the township before the city annexed the land on which they exist. DF Land Development, LLC v Charter Twp of Ann Arbor, unpublished per curiam opinion of the Court of Appeals (Docket No. 291362, dec’d 7/13/02). The Court found no total exclusion, noting that there is a considerable amount of commercial uses within very close proximity to the township. The Court noted that much of the township has been annexed to the City of Ann Arbor, and there is much commercial land in what was formerly part of the township. Thus, there is ample commercial use "within close geographical proximity of everywhere in the township. Foster Swift attorney Thomas Meagher represented the Township.