Opinion
Nos. 134739, 134978.
March 28, 2008.
Reported below 275 Mich App 597.
Summary Dispositions March 28, 2008.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate the May 22, 2007, judgment of the Court of Appeals and we remand this case to the Court of Appeals for reconsideration in light of Greater Bible Way Temple of Jackson v City of Jackson, 478 Mich 373 (2007). In particular, the Court of Appeals should reconsider whether the denial of the zoning variance imposed a "substantial burden" on the plaintiffs religious exercise, i.e., whether the denial of the variance "coerce[s] individuals into acting contrary to their religious beliefs." Id. at 401. (internal quotation marks and citation omitted). "A mere inconvenience or irritation" or "something that simply makes it more difficult in some respect to practice one's religion does not constitute a `substantial burden.'" Id. In addition, we reverse the August 21, 2007, order of the Court of Appeals awarding plaintiff sanctions for a vexatious motion for reconsideration. Given the facts and the law at issue in this case, the Court of Appeals clearly erred in imposing such sanctions.
I would grant leave to appeal.
I would not remand this case to the Court of Appeals for reconsideration in light of Greater Bible Way Temple of Jackson v City of Jackson, for the reasons stated in my concurrence in that case. Rather, I would grant leave to appeal to consider whether the denial of a variance implicates the Religious Land Use and Institutionalized Persons Act. If it does, we should determine whether it imposes a substantial burden on plaintiffs exercise of its religious beliefs.
478 Mich 373 (2007).
42 USC 2000cc et seq.