by John Mulcahy
The Ann Arbor News
Friday November 28, 2008, 2:51 PM
The Michigan Court of Appeals has reversed a Washtenaw County Circuit Court ruling in a Pittsfield
Township zoning dispute.
The appeals court said the township does not have to rezone 47 acres on the northeast corner of Platt and Morgan roads so that Lewis/Klein Properties of Farmington Hills can build condominiums there.
Township Supervisor Mandy Grewal, who took office Nov. 20, applauded the appeals court decision.
"I'm definitely pleased that the court saw what our position was and moved to uphold the (township's) Comprehensive Plan," Grewal said.
Mark Lewis of Lewis/Klein declined comment on the ruling but said he expects the company to appeal. "That's my feeling right now," Lewis said.
The appeals court also reversed Connors' award of $68,792 to the developers from the township for expert witness fees, said Bruce Laidlaw, the township's attorney in the case.
Lewis received permission from the township in 2003 to build a business park on the land.
However, Lewis failed to find any businesses interested in the spot and in 2004 sought a rezoning to residential use.
Lewis claimed the area was not viable for a business park and was an "emerging" residential district.
The township denied the rezoning, citing its comprehensive plan, which called for the land to be used for industrial development.
Lewis sued, claiming the township's refusal to rezone the land constituted a "taking" of his property.
In a May 2007 opinion, Washtenaw County Circuit Court Judge Timothy Connors agreed with Lewis and told the township it had to allow Lewis to build up to 250 condominiums on the land.
In its Nov. 20 opinion, the state Court of Appeals said Lewis, an experienced developer, was suffering from his own bad business decision, not a taking of his property, and reversed Connors' decision.
John Mulcahy can be reached at jmulcahy@annarbornews.com or 734-994-6858.
