English v. Augusta Township

Defendant appeals as of right from a judgment of the trial court ordering defendant to rezone plaintiffs’ property from agricultural/ residential (ar) to manufactured housing park (mhp). We affirm the trial court’s conclusion that defendant engaged in exclusionary zoning, but vacate its order of rezoning and replace it with an injunction that defendant not interfere with plaintiffs’ proposed use.

Plaintiffs own a forty-nine acre parcel of land on Whittaker Road in Augusta Township. In 1989, plaintiffs filed a petition with defendant seeking a change in the zoning classification of their…