Full Case Name
ARTHUR LAND COMPANY, LLC v. OTSEGO COUNTY
Description
Property owner sought to rezone land from residential to business. Application was denied by County Board of Commissioners due to potential adverse effects. The court held that the property owner was entitled to de novo review by trial court.
Date
02-08-2002
Court
Michigan Court of Appeals
Jurisdiction
Michigan
Plaintiffs
Defendants
Incident Location
Ostego County, MI
Disputed Act
Property owner sought to rezone property from residential to business to build service/gas station and was denied by County Board of Commissioners due to increased traffic, noise, and light pollution concerns. Property owner filed complaint alleging violation of substantive due process and confiscatory taking.
Holding
Court of Appeals held that property owner was entitled to de novo review by trial court.