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JOSTOCK v. MAYFIELD TP.

Docket No. 165770. Calendar No. 4.

15 N.W.3d 552 (2024)

513 Mich. 360

Ronald A. JOSTOCK and Susan J. Jostock, Plaintiffs-Appellees, v. MAYFIELD TOWNSHIP and Mayfield Township Board of Trustees, Defendants, and A2B Properties, LLC, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 1, 2024.

Attorney(s) appearing for the Case

Smith Bovill, PC (by Andrew D. Concannon, Saginaw, and Adam D. Flory) for Ronald A. Jostock and Susan J. Jostock.

Robert Charles Davis for A2B Properties, LLC.

Williams Williams Rattner & Plunkett, PC (by Jason C. Long) for the Real Property Law Section of the State Bar of Michigan, amicus curiae.

Bauckham, Thall, Seeber, Kaufman & Koches, PC (by Robert E. Thall, Portage, and Michael W. Bila) for the Michigan Townships Association, amicus curiae.

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

Gerald A. Fisher and Eric D. Williams for the Michigan Municipal League and the Government Law Section of the State Bar of Michigan, amici curiae.

BEFORE THE ENTIRE BENCH.

OPINION

At issue is whether Mayfield Township could conditionally rezone a property to allow the use of a dragway when a dragway is not otherwise a permitted use in the new zoning district. We hold that a conditional rezoning is invalid under MCL 125.3405(1) if the proposed use is not a permitted use—either by right...

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