Belvidere Township v. Heinze

Plaintiff appeals as of right the order granting defendant’s motion for summary disposition in this action in which plaintiff alleged a nuisance arising from, and seeking an injunction against, defendant’s use of his property in Belvidere Township as a hog facility without receiving a special use permit. The trial court granted summary disposition pursuant to MCR 2.116(C)(10) on the ground that there was no genuine issue of material fact that defendant had a prior nonconforming use. We reverse and remand.

FACTS

In the summer of 1997, defendant purchased thirty-five acres on Holland Road in…