Square Lake Hills Condominium Ass'n v. Bloomfield Township

471 N.W.2d 321, 437 Mich. 310, 1991 Mich. LEXIS 2953
CourtMichigan Supreme Court
DecidedJune 11, 1991
Docket87631, (Calendar No. 10)
StatusPublished
Cited by33 cases

This text of 471 N.W.2d 321 (Square Lake Hills Condominium Ass'n v. Bloomfield Township) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Square Lake Hills Condominium Ass'n v. Bloomfield Township, 471 N.W.2d 321, 437 Mich. 310, 1991 Mich. LEXIS 2953 (Mich. 1991).

Opinions

Riley, J.

The question before the Court is whether townships have the authority to regulate by ordinance boat docking and launching under the township ordinance act, MCL 41.181; MSA 5.45(1). We hold that townships have the authority to regulate boat docking and launching for the protection of the health, safety, and welfare of persons and property within their communities under the township ordinance act. Accordingly, we vacate the decision of the Court of Appeals and remand this case to Oakland Circuit Court to enter an order pursuant to this opinion.

I

In the early 1960s, Milton and Barbara Sloban owned land adjacent to Square Lake in Bloomfield Township zoned as single-family residential use. The Slobans, who requested and were denied a variance to build apartments on their property, challenged the township’s zoning classification. Following trial, Judge Arthur E. Moore, Oakland Circuit Court, entered a judgment invalidating the township’s single-family zoning classification as applied to the Square Lake property and authorized multiple-family residential use.

The Slobans split the property in two, conveying [314]*314the back-lot portion and an easement of 160 feet of beach frontage to Square Lake Apartments, Inc. (Phase One), and retained the front-lot portion adjacent to Square Lake. A few years later, the Slobans developed the lake-front property (Phase Two) into seventy-eight multifamily rental units.1 With the two apartment complexes in place, approximately forty homes and 152 multifamily units had access to Square Lake.

Square Lake Apartments, Inc., conveyed the Phase One development back to the Slobans early in 1973. As a result, the easement created for the Phase One residents was extinguished by merger of title. Later that year, the Slobans sold the Phase Two development to Lake Front Apartments and created another easement to allow Phase One residents access to the lake.2

Square Lake Hills Associates bought Phase One seven years later. They converted the apartments into condominiums, erected a small boat dock off of its easement, and advertised the units as affording lake-access rights for year-round recreation.

Meanwhile, Bloomfield Township responded to a call for inland lake regulation in 1974 by adopting ordinance no. 278. This ordinance restricted the use of inland lakes to owners or occupants of riparian parcels.3 In 1981, the township repealed [315]*315ordinance no. 278. In its place, it adopted ordinance no. 3404 which required nonriparian owners who used the township’s inland lakes to obtain prior approval from the Township Zoning Board of Appeals.

In 1984, Bloomfield Township sued the current and former owners of the Phase Two development directing them to comply with ordinance no. 340 and prohibiting Phase One residents access to the beach-front easement area.5 While the lawsuit was pending, the Bloomfield Township Board of Supervisors proposed ordinance no. 397.6 This ordinance limited township riparian property owners, with a minimum of 150 feet of lake frontage, to launching and docking one motorboat. Plaintiff’s representative and the riparian property owners of Square Lake appeared at the township board meeting on April 13, 1987, to discuss the proposal.7 After a lengthy hearing, the township board unanimously voted to approve the ordinance.

Soon thereafter, plaintiff filed the instant lawsuit challenging ordinance nos. 340 and 397. Bloomfield Township, questioning the substantive grounds of plaintiff’s complaint, responded with a motion for summary disposition. Plaintiff cross motioned for partial summary disposition on the basis of Fox & Associates, Inc v Hayes Twp, 162 Mich App 647; 413 NW2d 465 (1987), which held that townships do not have authority under the Township Rural Zoning Act to enact ordinances restricting boat docking or funnel development.

[316]*316Judge Norman L. Lippitt heard both motions and concluded that Fox & Associates prohibited Bloomfield Township from regulating Square Lake under both the Township Rural Zoning Act and the township ordinance act.

In appealing Judge Lippitt’s decision, Bloomfield Township additionally sought an order from this Court to consolidate with Fox & Associates.8 We denied Bloomfield Township’s motion to consolidate because we were not persuaded the questions presented by the township should be reviewed by this Court before consideration by the Court of Appeals.9

The Court of Appeals subsequently affirmed the trial court, premising its decision on Fox & Associates. After its motion for reconsideration was denied, Bloomfield Township applied for leave to appeal in this Court. We granted the township’s motion, limiting review to the following issues:10

(1) Whether the delegation of powers in the township ordinance act allows Bloomfield Township to regulate by ordinance boat launching and boat docking; and

(2) Whether the Township Rural Zoning Act allows Bloomfield Township to regulate by ordinance boat launching and boat docking.11

[317]*317II

Under the separation of powers doctrine,12 township regulations enacted under the township ordinance act are not subject to judicial intervention absent abuse of discretion, excessive use of power, or error of law. Tireman-Joy-Chicago Improvement Ass’n v Chernick, 361 Mich 211; 105 NW2d 57 (1960); Sheffield Development Co v City of Troy, 99 Mich App 527, 530; 298 NW2d 23 (1980). When asked to review a township ordinance, we will not substitute our judgment for that of a township official. Rather, we heed the advice of Justice Talbot Smith in Brae Burn, Inc v Bloomfield Hills, 350 Mich 425, 431; 86 NW2d 166 (1957):

The people of the community, through their appropriate legislative body, and not the courts, govern its growth and its life. Let us state the proposition as clearly as may be: It is not our function to approve the ordinance before us as to wisdom or desirability. For alleged abuses involving such factors the remedy is the ballot box, not the courts. We do not substitute our judgment for that of the legislative body charged with the duty and responsibility in the premises. [Emphasis added.]

As the majority in Brae Burn held, our function is to determine whether a township ordinance is within the range of conferred discretionary powers and then determine if it is reasonable. Id. at 437. See also People v Gibbs, 186 Mich 127, 133; 152 NW 1053 (1915); 1426 Woodward Ave Corp v Wolff, 312 Mich 352, 371; 20 NW2d 217 (1945); State, County & Municipal Employees Local 339 v [318]*318Highland Park, 363 Mich 79, 86; 108 NW2d 898 (1961). The reasonableness of an ordinance, while a question of law, depends upon the particular facts of each case. Id. The test for determining whether an ordinance is reasonable requires us to assess the existence of a rational relationship between the exercise of police power13 and the public health, safety, morals, or general welfare in a particular manner in a given case.

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

Related

Afjn Holdings LLC v. City of Highland Park
Michigan Court of Appeals, 2026
Fulton v. Lilly, Township of
W.D. Michigan, 2025
David Herr v. United States Forest Serv.
865 F.3d 351 (Sixth Circuit, 2017)
Herr v. United States Forest Service
212 F. Supp. 3d 720 (W.D. Michigan, 2016)
Mayfield Township v. Detroit Edison Company
Michigan Court of Appeals, 2016
Lakeside Resort LLC v. Crystal Township
Michigan Court of Appeals, 2016
Anglers of AuSable, Inc. v. Department of Environmental Quality
770 N.W.2d 359 (Michigan Court of Appeals, 2009)
Little MacK Entertainment II, Inc. v. Township of Marengo
625 F. Supp. 2d 570 (W.D. Michigan, 2008)
Cherokee Country Club, Inc. v. City of Knoxville
152 S.W.3d 466 (Tennessee Supreme Court, 2004)
Norman Corp. v. City of East Tawas
687 N.W.2d 861 (Michigan Court of Appeals, 2004)
City of Lake Angelus v. Aeronautics Commission
676 N.W.2d 642 (Michigan Court of Appeals, 2004)
Muskegon Area Rental Ass'n v. City of Muskegon
624 N.W.2d 496 (Michigan Court of Appeals, 2001)
City of Green Ridge v. Kreisel
25 S.W.3d 559 (Missouri Court of Appeals, 2000)
Graham v. Kochville Township
599 N.W.2d 793 (Michigan Court of Appeals, 1999)
Frericks v. Highland Township
579 N.W.2d 441 (Michigan Court of Appeals, 1998)
Atlas Valley Golf and Country Club, Inc v. Village of Goodrich
575 N.W.2d 56 (Michigan Court of Appeals, 1998)
Goodell v. Humboldt County
575 N.W.2d 486 (Supreme Court of Iowa, 1998)
Gustafson v. City Of Lake Angelus
76 F.3d 778 (Sixth Circuit, 1996)
Stupak-Thrall v. United States
70 F.3d 881 (Sixth Circuit, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
471 N.W.2d 321, 437 Mich. 310, 1991 Mich. LEXIS 2953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/square-lake-hills-condominium-assn-v-bloomfield-township-mich-1991.