Kyser v. Kasson Tp.
| Decision Date | 06 May 2008 |
| Docket Number | Docket No. 273964.,Docket No. 272516. |
| Citation | 755 N.W.2d 190,278 Mich. App. 743 |
| Parties | Edith KYSER, Plaintiff-Appellee, v. KASSON TOWNSHIP, Defendant-Appellant. Edith Kyser, Plaintiff-Appellant, v. Kasson Township, Defendant-Appellee. |
| Court | Court of Appeal of Michigan — District of US |
Olson, Bzdok & Howard, P.C. (by Christopher M. Bzdok and Michael C. Grant), Traverse City, for the plaintiff.
Running, Wise & Ford, P.L.C. (by Richard W. Ford and Thomas A. Grier), Traverse City, for the defendant.
Warner Norcross & Judd, L.L.P. (by Kenneth W. Vermeulen and John J. Bursch), Grand Rapids, for the Michigan Aggregates Association, amicus curiae.
Gerald A. Fisher, Rochester and Richard Norton, Ann Arbor, for the American Planning Association and the Michigan Association of Planning, amici curiae.
Bauckham, Sparks, Rolfe, Lohrstorfer & Thall, P.C. (by John H. Bauckham and Scott D. Basel), Kalamazoo, for the Michigan Townships Association, amicus curiae.
Before: WHITBECK, P.J., and JANSEN and DAVIS, JJ.
Following a bench trial, the circuit court entered an order permitting plaintiff to mine gravel on her property and enjoining defendant from interfering with plaintiff's gravel-mining operation, notwithstanding a township zoning ordinance that purported to disallow gravel mining on plaintiff's land. The circuit court also denied plaintiff's requests for costs and sanctions against defendant. Both parties now appeal as of right, we consolidate the appeals, and we affirm.
The salient facts of this case are not in serious dispute. Significant gravel deposits underlie defendant Kasson Township. Between 1988 and 1994, defendant experienced considerable internal strife brought about by zoning disputes and other legal battles waged over the issue of gravel mining. After a lengthy period of planning and public discussion, defendant attempted to resolve its gravel-related problems by adopting a zoning ordinance that established a township gravel district. Under the ordinance, gravel mining and extraction operations were to be permitted inside the gravel district, but were not to be permitted outside the gravel district.
Plaintiff owns a parcel of real property in Kasson Township. Although plaintiff's property abuts the gravel district, her land, itself, was originally zoned for agricultural use. Plaintiff sought to have a portion of her property rezoned and included in the gravel district, with the ultimate goal of selling the rezoned portion to a gravel-mining operator. Defendant refused to grant plaintiff's rezoning request, citing the comprehensive nature of its zoning concerning the gravel district. Among other things, defendant asserted that plaintiff's requested rezoning would undermine the zoning scheme and result in a "domino effect" by "spark[ing] cumulative rezonings"—in effect, leading to numerous other requests to allow gravel mining on land located outside the gravel district.
Plaintiff sued in circuit court, arguing that defendant's refusal to rezone her property should be held invalid and unconstitutional. The matter proceeded to a bench trial. Plaintiff moved in limine to prevent the introduction of evidence concerning the suitability of her property for uses other than gravel mining. The circuit court granted the motion. At trial, the court admitted considerable evidence and heard the testimony of several witnesses. The circuit court thereafter made extensive findings of fact, specifically finding that plaintiff's requested rezoning would not result in "very serious consequences" and ruling as a matter of law that plaintiff was entitled to mine gravel on her land. The circuit court enjoined defendant from enforcing its agricultural zoning classification against plaintiff's land and from interfering with plaintiff's right to mine gravel on her property.
We review for clear error the circuit court's findings of fact following a bench trial, but review de novo the circuit court's conclusions of law. Chapdelaine v. Sochocki, 247 Mich.App. 167, 169, 635 N.W.2d 339 (2001). A finding is clearly erroneous if, although there is evidence to support it, the reviewing court is left with the definite and firm conviction that a mistake has been made. Heindlmeyer v. Ottawa Co. Concealed Weapons Licensing Bd., 268 Mich.App. 202, 222, 707 N.W.2d 353 (2005). We review for an abuse of discretion the circuit court's grant of injunctive relief. Higgins Lake Prop. Owners Ass'n v. Gerrish Twp., 255 Mich.App. 83, 105, 662 N.W.2d 387 (2003). We also review for an abuse of discretion the circuit court's decision to admit or exclude evidence. Ellsworth v. Hotel Corp. of America, 236 Mich.App. 185, 188, 600 N.W.2d 129 (1999). Finally, we review for an abuse of discretion the circuit court's ruling on a motion to tax costs under MCR 2.625, Klinke v. Mitsubishi Motors Corp., 219 Mich.App. 500, 518, 556 N.W.2d 528 (1996), and the circuit court's decision whether to award sanctions under MCR 2.313(C), Phinisee v. Rogers, 229 Mich. App. 547, 561-562, 582 N.W.2d 852 (1998). An abuse of discretion occurs when the court chooses a decision that falls outside the range of reasonable and principled outcomes. Maldonado v. Ford Motor Co., 476 Mich. 372, 388, 719 N.W.2d 809 (2006).
In Docket No. 272516, defendant argues that the circuit court made several erroneous findings of fact and that it consequently erred by determining that plaintiff's proposed gravel-mining operation would not result in "very serious consequences." We disagree.
The general rule in Michigan is that "`[a] zoning ordinance will be presumed valid, with the burden on the party attacking it to show it to be an arbitrary and unreasonable restriction upon the owner's use of his property.'" Kirk v. Tyrone Twp., 398 Mich. 429, 440, 247 N.W.2d 848 (1976), quoting Nickola v. Grand Blanc Twp., 394 Mich. 589, 600, 232 N.W.2d 604 (1975) (WILLIAMS, J.). However, "because of the important public interest involved in extracting and using natural resources, a more rigorous standard of reasonableness applies when reviewing zoning regulations that would prevent the extraction of natural resources." American Aggregates Corp. v. Highland Twp., 151 Mich.App. 37, 40, 390 N.W.2d 192 (1986); see also Silva v. Ada Twp., 416 Mich. 153, 158-159, 330 N.W.2d 663 (1982). "The courts have particularly stressed the importance of not destroying or withholding the right to secure oil, gravel, or mineral from one's property, through zoning ordinances, unless some very serious consequences will follow therefrom." North Muskegon v. Miller, 249 Mich. 52, 57, 227 N.W. 743 (1929) (emphasis added); see also Bloomfield Twp. v. Beardslee, 349 Mich. 296, 310-311, 84 N.W.2d 537 (1957) (BLACK, J., concurring). Stated another way, "zoning regulations which prevent the extraction of natural resources are invalid unless `very serious consequences' will result from the proposed extraction." Silva, supra at 156, 330 N.W.2d 663; see also Certain-Teed Products Corp. v. Paris Twp., 351 Mich. 434, 467, 88 N.W.2d 705 (1958) (BLACK, J., concurring in part and dissenting in part). Accordingly, to successfully challenge a zoning ordinance that prevents the extraction of natural resources, a party must show (1) "that there are valuable natural resources located on the land" and (2) "that no `very serious consequences' would result from the extraction of the resources." American Aggregates, supra at 41, 390 N.W.2d 192.
Turning to the case at bar, the circuit court first found that the gravel underlying plaintiff's land was a valuable natural resource. The circuit court remarked that "[plaintiff's] property contains a gravel deposit of good space and good quality" and determined that gravel mining on plaintiff's land "would be financially a successful operation." We conclude that the record supported this finding. "The proper focus in determining whether the natural resource is valuable is on whether the landowner, by extracting the resource, can raise revenues and reasonably hope to operate at a personal profit." Id. "[G]ravel is used extensively in construction and . . . Michigan courts have often recognized the value of this natural resource." Id. at 42, 390 N.W.2d 192. The evidence presented in this case established that plaintiff's land was underlain by high-quality gravel and that this gravel could be extracted and sold at a profit. The circuit court did not clearly err by finding that the gravel located on plaintiff's land was a valuable natural resource. Id. at 41-42, 390 N.W.2d 192.
The circuit court also determined, after making several individual findings of fact, that plaintiff had sufficiently established that no "very serious consequences" would result from the proposed gravel-mining operation. The record supported this factual determination as well.
The circuit court first analyzed the degree of public interest in the gravel underlying plaintiff's property. As this Court observed in American Aggregates, supra at 44, 390 N.W.2d 192, the degree of public interest in a valuable natural resource should be considered when determining whether extraction of the resource will result in "very serious consequences":
[W]e believe that the degree of public interest in the landowner's specific natural resource should be considered when analyzing whether "very serious consequences" to the community will result from the extraction of the natural resource. This will result in a sliding scale determination of whether "very serious consequences" exist in the landowner's specific situation. If public interest in the specific landowner's resource is very high, the consequences resulting from the extraction of the resource will not reach the level of "very serious" as readily as in the case where public interest in the specific resource is relatively low.
This type of sliding scale approach based on the public interest in the landowner's specific resource...
To continue reading
Request your trial
- Kyser v. Kasson Twp.
-
Kyser v. Kasson Tp.
...consequences, plaintiff could mine gravel on her property. The Court of Appeals affirmed in a divided decision. Kyser v. Kasson Twp., 278 Mich.App. 743, 755 N.W.2d 190 (2008). Defendant now seeks leave to appeal to this Court. In Silva, the Court held that "zoning regulations which prevent ......