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Real Estate Litigation Archives

Federal telecommunications law vs. local zoning

A township in Michigan may have to contend with AT&T in federal court over placement of a cell phone tower. AT&T has filed suit in U.S. District court against Ada Township after eight years of negotiations that failed to produce an agreement over where a tower could be placed within the township. The suit was prompted by Ada Township's moratorium on cell phone towers. AT&T asserts that the moratorium violates federal telecommunications law.

Local commission approves plans for new Costco store

Costco is moving forward with plans for a new Michigan location after its plans were approved by local officials. The Oshtemo Township Planning Commission voted unanimously on Dec. 12 to approve plans for a new Costco store as the anchor of a new development that will include a mix of retail stores with leisure services and a balanced approach to space for both cars and pedestrians.

Zoning laws could close Michigan car wash

Complaints from neighbors about noise from the customers and equipment of a Michigan car wash might force the business to drastically alter the way it operates. A decision by the local zoning board of appeals to not renew zoning variances granted in 2006 means that its automatic bays cannot be used. City officials were poised to shut the business down by revoking all of its variances, but the city attorney advised against doing so due to a lack of notice to the property owners.

Michigan family sues over land use issues

The family who owns Bro G Land Co. in Michigan has filed a controversial lawsuit concerning property rights. The land use lawsuit claims that the White River Township deprived the family of proper enjoyment of their property. Last spring, the family's request to develop 2.2 acres of shoreline was blocked by the Michigan Department of Environmental Quality.

Dispute over Michigan boat dock going to court

A 150-foot boat dock near Cambridge Township, Mich., is at the center of a legal controversy. The canopied dock, which was constructed by local residents, lies in disputed territory according to conflicting readings of town records. An attorney who lives near the dock feels that under either interpretation it should be removed and has sued for its removal.

Central Michigan University may get own district under zoning law

Central Michigan University was under consideration for its own zoning district by the city commission of Mount Pleasant. The officials were to weigh zoning variances and other relevant issues at a special public hearing. At a recent meeting, the city commission requested that the planning commission consider amending the existing zoning ordinance to create a separate zoning district the University.

132-acre land conservancy remains possible at Lake Michigan dunes

The creation of a 132-acre land conservancy at the Lake Michigan dunes remains a possibility. The Saugatuck Zoning Board of Appeals elected to pass on a determination of whether a developer will be able to build a 60-foot condo building in Saugatuck Township. The Zoning Board of Appeals voted to permit the planning commission for Saugatuck Township to make the decision regarding the proposed development.

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