Opinion
SC: 155024 COA: 327685 SC: 155025 COA: 327686
06-09-2017
CHARTER TOWNSHIP OF LYON, Plaintiff–Appellee, v. James E. PETTY, Judith Petty, James Petty, Jr., and Petty Trucking, Defendants–Appellants. Charter Township of Lyon, Plaintiff–Appellee, v. Marlene Hoskins and Paul Hoskins Landscaping, Inc., Defendants–Appellants.
Order
On order of the Court, the application for leave to appeal the October 13, 2016 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment stating "[m]oreover, as a matter of law, $7,000 worth of additions to a storage barn falls short of the ‘substantial change in position’ or ‘extensive obligations and expenses' necessary for equity to overcome a township's zoning authority[,] 83 Am. Jur. 2d § 937, p. 984," and stating that "Courts have also held that the property owner must establish ‘a financial loss ... so great as practically to destroy or greatly to decrease the value of the ... premises for any permitted use[,]’ Carini v. Zoning Bd. of Appeals , 164 Conn. 169, 173; 319 A.2d 390 (1972)," because neither statement is necessary to the disposition of this case or well-grounded in Michigan jurisprudence. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.