PEGASUS WIND, LLC v. TUSCOLA COUNTY

No. 164261.

15 N.W.3d 108 (2024)

513 Mich. 35

PEGASUS WIND, LLC, Plaintiff-Appellee, v. TUSCOLA COUNTY, Defendant-Appellee, and Tuscola Area Airport Zoning Board of Appeals, Intervenor-Appellant.

Supreme Court of Michigan.

Decided April 9, 2024.


Attorney(s) appearing for the Case

Warner Norcross + Judd LLP, (by Jonathan E. Lauderbach, Midland, Daniel P. Ettinger, Ashley G. Chrysler, and Ashley L. Yuill, Grand Rapids) for Pegasus Wind, LLC.

Foster, Swift, Collins & Smith, PC, Grand Rapids (by Michael D. Homier, Laura J. Genovich, and Keith T. Brown) for the Tuscola Area Airport Zoning Board of Appeals.

Curcio Law Firm PLC (by C. Nicholas Curcio) for the Michigan Municipal League and the Michigan Townships Association, amici curiae.

Miller Johnson, Detroit (by Emily C. Palacios) for the Michigan Association of Planning, amicus curiae.

BEFORE THE ENTIRE BENCH


OPINION

In this case we consider whether intervenor, the Tuscola Area Airport Zoning Board of Appeals (the AZBA), was required to grant variances for the construction of eight wind turbines near the Tuscola Area Airport. After an evidentiary hearing, the AZBA denied the variances. The circuit court affirmed the denial. But in...

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