Deer Lake Property Owners Association, et al. v. Independence Twp, et al.

2019 WL 5092617 (Mich Ct App, October 10, 2019). We have successfully handled many cases brought by property owners and others challenging the decisions of zoning administrators, zoning boards, and planning commissions. In this case, two neighboring associations were locked in a dispute over whether one association could use its lakefront property to provide docking and overnight boating privileges to its non-lakefront association members. During the litigation, RSJA successfully defended the township’s interpretation and application of several ordinances. RSJA obtained a circuit court judgment affirming a decision of the township zoning board of appeals, which recognized certain nonconforming rights of the association seeking to dock the boats. We also successfully defended the decision of the township planning commission to approve a special land use permit to allow certain docking activities. Additionally, RSJA won an appeal filed in the Michigan Court of Appeals challenging the planning commission’s approval of the special land use permit.