Silva v. Ada Tp.
| Decision Date | 13 May 1983 |
| Docket Number | Docket No. 69155 |
| Citation | 333 N.W.2d 584,124 Mich.App. 77 |
| Parties | A. Clare SILVA and Karen J. Silva, Plaintiffs-Appellants, v. ADA TOWNSHIP (On Remand), Defendant-Appellee, and Carl Huisman and Cornelia Huisman, husband and wife, Albert John Dykstra, Timothy Holt and Karen Holt, husband and wife, Larry Osterink and Debbie Osterink, husband and wife, and James Vogt and Beverly Vogt, husband and wife, Intervening Defendants-Appellees. |
| Court | Court of Appeal of Michigan — District of US |
Dilley & Dilley (by Robert W. Dilley), Grand Rapids, for plaintiffs-appellants.
Varnum, Riddering, Wierengo & Christenson (by Thomas J. Heiden); and Freihofer, Oosterhouse, Deboer & Barnhart (by Walter B. Freihofer), Grand Rapids, for defendant-appellee.
Before ALLEN, P.J., and WALSH and BEASLEY, JJ.
WALSH, Judge (On Remand).
Plaintiffs brought this action to challenge the defendant township's zoning decision which prohibited the extraction of gravel on agriculturally zoned land. The circuit court ruled in favor of the defendants. On appeal, citing Certain-teed Products Corp. v. Paris Twp., 351 Mich. 434, 88 N.W.2d 705 (1958), plaintiffs argued that a landowner may not be deprived of his right to extract minerals from his property unless consequences of the most serious nature will result from the process of extraction.
In affirming the trial court we ruled that Certain-teed Products Corp., supra, was a "preferred use" case, see Bristow v. City of Woodhaven, 35 Mich.App. 205, 192 N.W.2d 322 (1971), that the Supreme Court had expressly overruled the "preferred use" doctrine in Kropf v. Sterling Heights, 391 Mich. 139, 215 N.W.2d 179 (1974), and that the appropriate standards for determining the constitutional validity of all municipal zoning ordinances are those expressed in Ed Zaagman, Inc. v. City of Kentwood, 406 Mich. 137, 153-154, 277 N.W.2d 475 (1979).
The Supreme Court reversed, reaffirming the rule of Certain-teed Products Corp, supra, "that zoning regulations which prevent the extraction of natural resources are invalid unless 'very serious consequences' will result from the proposed extraction". Silva v. Ada Township, 416 Mich. 153, 156, 330 N.W.2d 663 (1982). The case was remanded to us for application of that standard, 99 Mich.App. 601, 298 N.W.2d 383.
At the outset we note that in our original opinion we acknowledged that we found plaintiffs' arguments relating to the Certain-teed Products Corp standard persuasive. We declined to apply...
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France Stone Co., Inc. v. Charter Tp. of Monroe
...N.W. 743 (1929); American Aggregates Corp. v. Highland Township, 151 Mich.App. 37, 42, 390 N.W.2d 192 (1986); Silva v. Ada Township, 124 Mich.App. 77, 79, 333 N.W.2d 584 (1983), remand from 416 Mich. 153, 330 N.W.2d 663 Further, the evidence in this case is clear that the plaintiff herein c......
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American Aggregates Corp. v. Highland Tp.
...trial judge appeared to agree that the decision herein is controlled by the application of the standards set out in Silva v. Ada Twp. 1 In Silva, the Michigan Supreme Court stated that because of the important public interest involved in extracting and using natural resources, a more rigoro......
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France Stone Co., Inc. v. Charter Tp. of Monroe
...Corp. v. Highland Township, 151 Mich.App. 37, 42, 390 N.W.2d 192 (1986), leave denied, 425 Mich. 881 (1986); Silva v. Ada Township, 124 Mich.App. 77, 79, 333 N.W.2d 584 (1983). Defendant's argument that the value placed upon the dolomite should be a reflection of the public need rather than......
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CHAPTER 4 LOCAL LAND USE REGULATION OF EXTRACTIVE INDUSTRIES: EVOLVING JUDICIAL AND REGULATORY APPROACHES
...at 414. [41] Silva v. Township of Ada, 99 Mich.App. 601, 298 N.W.2d 838 (1980), rev'd, 416 Mich. 153, 330 N.W.2d 663 (1982), on remand, 124 Mich.App. 77, 333 N.W.2d 584 (1983). See also France Stone Co., Inc. v. Charter Township of Monroe, 802 F.Supp. 90 (E.D.Mich. 1992) where the court fou......