Agenda - Planning Commission - 09/06/2007

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Zoning Bulletin strict his activities. The appeals court agreed, reversing the decision of the lower courT. Prior to 1998, the legislature "confer[ed] no power on any board of tow-nship trustees or board of ZOnD.J.g appeals in respect to... the use of the land by any public utility or railroad, for the operation of its busi- ness." In 1998, the legislature amended this statute to grant townships Lhe ability to regulate utility companies, but Allen Township did not amend its zoning plan to reflect the change. The appeals court was not persuaded by the township's argument that a legislative amendment automatically amended local zoning code; it was similarly not persuaded that Jensen's only form of relief was an administrative appeal. The court found that the claim here was not an appeal of the variance decision, but a challenge to the township's au- thority to regulate his business as a public utility. Further, the appeals court found that the board and zoning inspector had acted beyond their authority by requiring the variance application and by considering it. The court noted that the board should have dis- missed the case, recognizing its lack of authority. Therefore, the argu- ment that Jensen should have appealed the variance denial was clearly without merit. Although the tOwnship attempted to amend its ordinance to reflect its ability to regulate public utilities arrer Jensen brought his,lawsuit, it did not follow the proper procedure. Thus, the appeals court considered the ordinance that was in place at the tiH1e that Jensen initiated his claim. Because it found the tOwnship was without authority to require a vari- ance, the appeals court found in Jensen's favor. -- -- _..,.-~- -...-- -----. , . ,-,. -~ . ..., ,'" -- Ed itorjaIQ~~~t1()~so_r~Col'l1 m~~~s: w~~t.qu,rnlaIJ@lth()ai$,o".~ft~;C~~ . ,- -, ..'. _-"-._...,.-e,.__._ ., - -' -,-- -" '.:.- ," .- _._ __ ___ ___u_._ ____.....~....._ _~'_-,O ': ,~= . 12 ,112