Sabo v. Monroe Township

208 N.W.2d 57, 46 Mich. App. 344, 1973 Mich. App. LEXIS 1208
CourtMichigan Court of Appeals
DecidedApril 23, 1973
DocketDocket 12799
StatusPublished
Cited by6 cases

This text of 208 N.W.2d 57 (Sabo v. Monroe Township) 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
Sabo v. Monroe Township, 208 N.W.2d 57, 46 Mich. App. 344, 1973 Mich. App. LEXIS 1208 (Mich. Ct. App. 1973).

Opinions

Bronson, J.

Plaintiffs are the owners of a 71-acre tract of land zoned for multiple residential use which is located in the Township of Monroe. Plaintiffs sought to have their property rezoned to commercial for the construction of a mobile home park. Defendant denied their petition and suit was instituted in the Monroe County Circuit Court challenging the reasonableness of the zoning ordinance as applied to plaintiffs’ property. From the trial court’s dismissal of their complaint, plaintiffs appeal as a matter of right.

Plaintiffs are the land contract purchasers of the 71-acre tract and option holders on an adjacent 14 acres. Upon this 85-acre parcel, plaintiffs intended to construct a mobile home park. Defendant township permitted such developments only in areas [347]*347zoned C-l, commercial.1 Since the subject parcel was zoned RB, multiple residential, permitting use for agricultural, single, and multiple development, plaintiffs initially petitioned defendant on August 19, 1969 for the necessary rezoning to commercial. Preliminary consideration by both the township board and the county planning commission was favorable. On September 21, 1970, the township board reaffirmed their tentative approval conditioned upon the necessary ordinance being drafted by the township attorney and submitted to the board for formal approval at a public meeting. The public meeting was held on October 19, 1970, at which 60 to 70 community residents of the 8,000 to 9,000 population objected to the establishment of the proposed mobile home park. The township board refused to approve the necessary resolution for the zoning change and plaintiffs filed suit in Monroe County Circuit Court.

At trial plaintiffs offered evidence that the uses permitted in the vicinity of the subject parcel included a stone quarry, an automobile salvage yard, single-family residences, two-family residences, offices and commercial uses, public and quasi-public uses and vacant land, much of which was used for agricultural purposes. Defendant neither had developed a master plan for the community nor consulted professional planners. Plaintiffs’ evidence challenging the feasibility of the uses permitted by the RB classification revealed that (1) the stone level made construction of sewer and water lines for single and multiple units impracticable, (2) the vibrations caused by blasting at the [348]*348stone quarry adversely affected such construction, and (3) there was no market for the construction of multiple units upon the subject parcel. By way of comparison, evidence was offered that the same construction problems were not applicable to mobile home development since the mobile homes’ flexible construction could withstand the vibration and both the sewer and water lines could be placed on the surface.

Plaintiffs supplemented the reasonableness of their requested use by evidence that the density would be the same whether developed for single units or for mobile homes and mobile home development was controlled by stricter housing codes. Significantly, evidence was submitted establishing a need for low-income housing of 2,000 to 3,000 units which plaintiffs’ proposed project would help alleviate. Although the township contained two mobile home sites, one of which was being expanded, there were waiting lists for entrance into each. A planning consultant, offered by plaintiffs, testified that good planning techniques included the establishment of buffer zones between differing uses. This witness opined that the proposed development would provide such a buffer between the adjacent junkyard and surrounding single dwelling subdivisions. Based upon this evidence several expert witnesses concluded that the requested zoning would not have an adverse effect upon the public health, safety, and general welfare of the community.

Defendant attempted to rebut plaintiffs’ proofs by testimony that the subject property was suitable for farming. However, defendant’s witness admitted that it would be necessary to remove the trees, spend $200 per acre to alleviate the drainage problem by tiling the field and employ a [349]*349sewage lift pump because of the high rock level before the property could be farmed. The township supervisor testified that two mobile home parks existed in the township, other areas were more suitable for mobile homes, and viewed plaintiffs’ request as spot zoning. This witness also opposed the requested development since it would prevent the normal construction of streets as in subdivisions and create problems for the schools. The planning consultant offered by defendant testified that plaintiffs’ proposed use would disrupt the township’s future growth because of an increase in density and adverse effect upon adjoining property. This witness opined that the mobile home project might have an adverse effect upon the welfare of the community.

At the conclusion of trial, the trial judge by written opinion dismissed plaintiffs’ complaint for failure to sustain their burden of proof. From this adverse decision plaintiffs appeal challenging the reasonableness of defendant’s zoning ordinance.

Our task upon review of zoning cases is to determine whether the challenged ordinance bears a reasonable and substantial relationship to the preservation of the public health, safety, morals, and general welfare of the community. The general principles governing this determination are as follows: (1) the zoning ordinance is presinned valid, (2) plaintiff has the burden of proving the ordinance is unreasonable, (3) a master plan adopted in compliance with statutory requirements is evidence of the ordinance’s reasonableness, (4) the ordinances must not be arbitrary, unreasonable, or discriminatory in its impact upon the subject property, (5) the lower court decision receives de novo review, and (6) the trial judge’s decision is accorded great weight. Hitchman v Oakland Twp, [350]*350329 Mich 331 (1951); Gust v Canton Twp, 342 Mich 436 (1955); Brae Burn, Inc v Bloomfield Hills, 350 Mich 425 (1957); Spanich v Livonia, 355 Mich 252 (1959); Biske v City of Troy, 381 Mich 611 (1969); Pederson v Harrison Twp, 21 Mich App 535 (1970).

The record discloses persuasive evidence that the high cost of removing obstacles on the property, alleviating drainage problems, and employing a sewage lift pump precluded the use of plaintiffs’ property for agricultural purposes. Likewise, the construction difficulties created by the surrounding uses for the development of either single or multiple residences and nonexistent market for the construction of multiple units indicates that the subject parcel is unsuitable for either of the remaining uses permitted by defendant’s ordinance. Upon these facts the property is so devoid of feasibility for use as zoned that the ordinance is deemed confiscatory. North Muskegon v Miller, 249 Mich 52 (1929); Fenner v Muskegon, 331 Mich 732 (1951); Spanich v Livonia, supra; Pederson v Harrison Twp, supra; Reibel v City of Birmingham, 23 Mich App 732 (1970). Applying the cited traditional zoning principles,2 we conclude that plaintiffs submitted sufficient evidence to sustain their burden of proof.

The reasonableness of plaintiffs’ proposed use is supported by the proofs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ed Zaagman, Inc. v. City of Kentwood
277 N.W.2d 475 (Michigan Supreme Court, 1979)
Sabo v. Monroe Township
232 N.W.2d 584 (Michigan Supreme Court, 1975)
Palmer v. Township of Superior
233 N.W.2d 14 (Michigan Court of Appeals, 1975)
Davis v. Bridgeport Township Planning Commission
222 N.W.2d 13 (Michigan Court of Appeals, 1974)
Trever v. City of Sterling Heights
218 N.W.2d 810 (Michigan Court of Appeals, 1974)
Sabo v. Monroe Township
208 N.W.2d 57 (Michigan Court of Appeals, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
208 N.W.2d 57, 46 Mich. App. 344, 1973 Mich. App. LEXIS 1208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sabo-v-monroe-township-michctapp-1973.