Kyser v Kasson Township
486 Mich 514; 786 NW2d 543 (2010). The plaintiff sought to rezone property to mine sand and gravel. The case involved the important issue of whether the "no very serious consequences" rule established in prior mining cases had any continued viability after the Michigan Supreme Court decisions invalidating the concept of preferred uses and confirming the presumption of validity to municipal regulations. RSJA filed an amicus curiae brief in support of the township's application for leave to appeal to the Michigan Supreme Court, and on the accepted case in the Michigan Supreme Court. The court issued a favorable ruling to municipalities on July 15, 2010, invalidated the "no very serious consequences" rule, and found that the rule had also been superseded by the exclusionary zoning statute. Unfortunately, the state legislature amended the Michigan Zoning Enabling Act after the decision to codify the “no very serious consequences” rule.