ZONING & PLANNING - MICHIGAN

Township of Fraser v. Haney

Supreme Court of Michigan - February 8, 2022 - N.W.2d - 2022 WL 388013

Township brought nuisance-abatement action against landowners, alleging violation of zoning ordinances stemming from landowners’ keeping of hogs on property.

The Circuit Court denied landowners’ motion for summary disposition on limitations grounds. Landowners appealed. The Court of Appeals reversed and remanded. Township sought leave to appeal, and, in lieu of granting leave, Supreme Court vacated and remanded. On remand, the Court of Appeals again reversed and remanded. Township sought leave to appeal, which was granted.

The Supreme Court held that action accrued from each date that landowners kept hogs on property, rather than solely from first date on which landowners had hogs on property.

Township’s nuisance-abatement action against landowners pursuant to Zoning Enabling Act, alleging violation of zoning ordinances stemming from landowners’ keeping of hogs on property, accrued from each date that landowners kept hogs on their property, rather than solely from first date on which landowners had hogs on property; it was the presence of the hogs that constituted the wrong asserted by township.



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