Frens Orchards, Inc v. Dayton Township Board

In this declaratory judgment action, plaintiff appeals from the trial court’s order granting partial summary disposition to defendants Dayton Township Board (the township) and Dorothy Dykhouse. The trial court rejected plaintiff’s claim that land use restrictions in the township zoning ordinance are preempted by state statutes and administrative rules regarding migrant labor housing. We affirm.

I. FACTS AND PROCEEDINGS

Plaintiff operates a farm in Dayton Township where it grows various fruits and vegetables that require harvest by hand. In order to facilitate the harvest, plaintiff employs…