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BINGHAM TP. v. RLTD R.R. CORP.

Docket No. 115602, Calendar No. 7.

624 N.W.2d 725 (2001)

463 Mich. 634

The TOWNSHIP OF BINGHAM, Plaintiff-Appellant, v. RLTD RAILROAD CORPORATION and Leelanau Trails Association, Inc., Defendants-Appellees.

Supreme Court of Michigan.

Decided April 18, 2001.

Attorney(s) appearing for the Case

Running, Wise, Ford & Phillips, P.L.C. (by Richard W. Ford), Traverse City, MI, for the plaintiff-appellant.

Warner, Norcross & Judd, L.L.P. (by Devin S. Schindler), Grand Rapids, MI, for the defendants-appellees.

Miller, Canfield, Paddock & Stone, P.L.C. (by Larry J. Saylor and Todd A. Hollerman), Detroit, MI, for Amici Curiae Huron Clinton Metropolitan Authority.

Bauckham, Sparks, Rolfe, Lohrstorfer & Thall, P.C. (by James W. Porter), Kalamazoo, MI, for Amici Curiae Michigan Townships Association.

Olson, Noonan & Bzdok, P.C. (by James M. Olson), Traverse City, MI, and Andrea C. Ferster and Cornish F. Hitchcock, of counsel, Washington, DC, for Amici Curiae Rails to Trails Conservancy.

PER CURIAM.

This is a dispute between a township and proponents of a "rails to trails" recreational pathway that passes through the township. The Court of Appeals has twice found that the township's zoning ordinance is preempted by laws that govern such pathways. We reverse the judgment of the Court of Appeals and remand this case to circuit court for further proceedings.

I

This case concerns a former rail line that, roughly speaking, extends from...

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