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OESTERLE v. CITY OF MASON

Docket No. 148008.

204 Mich. App. 435 (1994)

516 N.W.2d 85

OESTERLE v. CITY OF MASON

Michigan Court of Appeals.

Decided April 4, 1994, at 9:35 A.M.

Attorney(s) appearing for the Case

Oade, Stroud & Kleiman, P.C. (by Ted W. Stroud), for Lyle M. Oesterle and June M. Oesterle.

Thrun, Maatsch & Nordberg, P.C. (by Patrick J. Berardo and Martha J. Marcero), for City of Mason. Lansing

Amicus Curiae:

Willingham & Cote, P.C. (by John A. Yeager and Curtis R. Hadley), for Michigan Farm Bureau.

Before: GRIFFIN, P.J., and CAVANAGH and H.A. KOSELKA, JJ.

CAVANAGH, J.

Petitioners appeal as of right from an order granting respondent's motion for partial summary disposition. We reverse.

Petitioners, Lyle and June Oesterle, own a parcel of land in Mason. The land is registered under a farmland development rights agreement as provided by the Farmland and Open Space Preservation Act, MCL 554.701 et seq.; MSA 26.1287(1) et seq. There is no residence or nonfarm structure on the registered land. On June...

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