Bingham Township v. RLTD Railroad

603 N.W.2d 795, 237 Mich. App. 538
CourtMichigan Court of Appeals
DecidedSeptember 17, 1999
DocketDocket No. 196418
StatusPublished
Cited by1 cases

This text of 603 N.W.2d 795 (Bingham Township v. RLTD Railroad) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bingham Township v. RLTD Railroad, 603 N.W.2d 795, 237 Mich. App. 538 (Mich. Ct. App. 1999).

Opinion

ON REMAND

Before: Saad, P.J., and Neff and Hoekstra, JJ.

Neff, J.

This case is before us for the second time. In our prior decision, we held that the fifteen-mile-[540]*540long by one-hundred-foot-wide transportation corridor at issue, part of which traverses plaintiff Bingham Township, was not subject to the township’s local zoning ordinances, and, specifically, that in light of the Legislature’s expressed intent to establish and maintain Michigan trailways, the township’s local zoning ordinances are preempted. Bingham Twp v RLTD Railroad Corp, 228 Mich App 154, 159; 576 NW2d 731 (1998). The Supreme Court, in lieu of granting the township’s application for leave to appeal, remanded the case to this Court “to determine whether and how the regulatory provisions of the Michigan trailways act [MTA], MCL 324.72101 et seq.; MSA 13A.72101 et seq., and the State Transportation Preservation Act [STPA], MCL 474.51 et seq.) MSA 22.180(21) et seq., apply to the land corridor in question.” 460 Mich 867.1

We again affirm.

i

The underlying facts were set forth in our previous opinion as follows:

RLTD owns a railroad corridor, approximately one hundred feet wide and fifteen miles long, that traverses plaintiff. The National Trails System Act (nta) provides that jurisdiction over such rail corridors is vested with the Interstate Commerce Commission, which has subsequently become known as the Federal Surface Transportation Board (STB). 16 USC 1241 et seq. Pursuant to the NTA, RLTD sought permission from the STB to abandon the rail line so that it could be used by defendant lta [Leelanau Trails Association] as a rail-trail (a process known as “railbanking”). The STB granted RLTD’s request, subject to a require[541]*541ment that the corridor be converted back to a rail line if the need arose. Consistent with this order, lta has developed the corridor into a bicycle-and-commuter trail that has been in operation since August 1996.[2]
Plaintiff brought a declaratory action in the circuit court requesting the court to establish the parties’ rights with regard to the trail and to preliminarily enjoin lta from proceeding with construction and advertising of the trail until the court issued its declaratory judgment. In its complaint, plaintiff alleged that defendant had publicly stated (1) that when fully developed, the trail could be used by 60,000 to 70,000 people a year and (2) that lta’s plan for the construction of the trail includes the paving of a ten-foot-wide trail and the construction of additional structures, including permanent bathroom facilities, a trail office, trail-fee booths, an equipment building, picnic pavilions, a trail visitors center, rest benches, picnic tables, playground elements, handicapped-accessible exercise stations, and bike racks. Plaintiff also alleged that lta had refused to submit its plan for the trail to plaintiff’s planning commission for approval, in accordance with the provisions of MCL 125.330; MISA 5.2963(110), or to apply for a land-use permit from plaintiff’s zoning administrator as required by § 15.4.1 of plaintiff’s zoning ordinance.
The circuit court held that plaintiff, through its zoning powers, could not prevent lta from constructing a recreational trail on an old railway line owned by RLTD because the use of such zoning powers was preempted by both federal and state law. The court thus granted defendants’ motion for summary disposition pursuant to MCR 2.116(C)(8), and denied plaintiff’s request for a preliminary injunction. [Bingham Twp, supra at 155-156.]

[542]*542n

Initially, we address the first part of the Supreme Court’s directive and determine whether the STPA and the mta apply to the land corridor at issue here.

A

The STPA is designed to improve and maintain transportation services in Michigan. Advisory Opinion on Constitutionality of 1976 PA 295, 1976 PA 297, 401 Mich 686, 693; 259 NW2d 129 (1977). The Legislature has declared in the STPA that “[t]he preservation of abandoned railroad rights of way for future rail use and their interim use as public trails is declared to be a public purpose.” MCL 474.51(3); MSA 22.180(21)(3). To this end, the STPA authorizes the state transportation department to acquire a railroad right of way and preserve it for future rail use. Upon acquisition of a right of way, the department may develop it for use as a “commuter trail,” which is defined as “a trail, lane, path, road, or other right of way on which motorized vehicles are not permitted and which has the primary or substantial purpose and result of providing a means for people to move from 1 location to another.” MCL 474.60(11) and (12); MSA 22.180(30)(11) and (12), MCL 474.42(b); MSA 22.180(22)(b).

The STPA provides that it is “upon acquisition of a right of way” that the department may develop it for use as a commuter trail. It is without question that defendant RLTD has sold its interest in the corridor [543]*543to defendant LTA on land contract.3 Accordingly, because the department does not own the land corridor at issue, we find that the specific regulations contained in the stpa do not apply.4

B

We reach a different conclusion with regard to the applicability of the mta. The mta begins with the following definition of “Trailway”:

“Trailway” means a land corridor that features a broad trail capable of accommodating a variety of public recreation uses. [MCL 324.72101(f); MSA 13A.72101(f).]

The MTA further defines a “Michigan trailway” as follows.

“Michigan trailway” means a trailway designated by the commission [of natural resources] pursuant to section 72103. [MCL 324.72101(e); MSA 13A.72101(e).]

MCL 324.72103; MSA 13A.72103 sets forth the following requirements for a “Michigan trailway”:

(1) Upon petition by any person or on its own motion, the commission may designate a trailway in this state as a “Michigan trailway”. The petition or motion shall propose permitted uses of the trailway. The commission shall not designate a trailway as a Michigan trailway unless it meets, [544]*544or will meet when completed, all of the following requirements:
(a) The land on which the trailway is located is owned by the state or a governmental agency, or otherwise is under the long-term control of the state or a governmental agency through a lease, easement, or other arrangement. If the land is owned by a governmental agency, the commission shall obtain the consent of the governmental agency before designating the land as part of a Michigan trailway.
(b) The design and maintenance of the trailway and its related facilities meet generally accepted standards of public safety.
(c) The trailway meets appropriate standards for its designated recreation uses.
(d) The trailway is available for designated recreation uses on a nondiscriminatory basis.

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Related

Bingham Township v. RLTD Railroad
624 N.W.2d 725 (Michigan Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
603 N.W.2d 795, 237 Mich. App. 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bingham-township-v-rltd-railroad-michctapp-1999.