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CHARTER TP. OF CANTON v. 44650, INC.

No. 354309.

12 N.W.3d 56 (2023)

346 Mich. App. 290

CHARTER TOWNSHIP OF CANTON, Plaintiff/Counterdefendant-Appellant/Cross-Appellee, v. 44650, INC., Defendant/Counterplaintiff-Appellee/Cross-Appellant.

Court of Appeals of Michigan.

Decided April 13, 2023, 9:10 a.m..

Attorney(s) appearing for the Case

Rosati Schultz Joppich & Amtsbuechler PC, Farmington Hills (by Marceylyn A. Stepanski and Anne McClorey McLaughlin) and Kristin Bricker Kolb for Charter Township of Canton.

Clark Hill PLC (by Ronald A. King, Lansing, Stephon B. Bagne, Birmingham, Michael J. Pattwell, and Zachary C. Larsen, Lansing) and Texas Public Policy Foundation Center (by Chance D. Weldon) for 44650, Inc.

Richard K. Norton for the Michigan Association of Planning, Amicus Curiae.

Before: Cameron, P.J., and Jansen and Borrello, JJ.

In this dispute involving the constitutionality of the Charter Township of Canton Zoning Ordinance, § 5A.00, titled "Forest Preservation and Tree Clearing Ordinance" (hereinafter, "Tree Ordinance" or "Ordinance"), plaintiff, Canton Charter Township, appeals by right, and defendant, 44650, Inc., cross-appeals the opinion and order granting...

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