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ANSPAUGH v. IMLAY TP.

Docket No. 262492.

729 N.W.2d 251 (2007)

273 Mich. App. 122

Earl ANSPAUGH and Trinity of Michigan, L.L.C., Plaintiffs-Appellants, v. IMLAY TOWNSHIP, Imlay Township Board, and Imlay Township Planning Commission, Defendants-Appellees.

Court of Appeals of Michigan.

Decided December 5, 2006, at 9:00 a.m.

Released for Publication March 14, 2007.

Attorney(s) appearing for the Case

O'Reilly Rancilio P.C. (by Robert Charles Davis), Sterling Heights, for the plaintiffs.

Sommers Schwartz, P.C. (by Patrick B. McCauley, David J. Szymanski, and James N. McNally), and Gary L. Davis, Southfield, Imlay City, for the defendants.

Before: COOPER, P.J., and HOEKSTRA and SMOLENSKI, JJ.

PER CURIAM.

Plaintiffs appeal as of right the trial court's order denying plaintiffs' motion for partial summary disposition and granting summary disposition in favor of defendants pursuant to MCR 2.116(I)(2). We reverse and remand.

I. Basic Facts and Procedural History

In June 2000, plaintiffs applied to rezone property located along Newark Road in defendant Imlay Township from R-1 residential to I-2 heavy industrial. During the various meetings...

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