Jamens v. Shelby Township

I concur in the result *475reached by the majority but believe my colleagues reach the right result for the wrong reasons in Part III.

This Court recently adopted a rule of law with regard to zoning which in essence states that where a property owner can point to an external state policy favoring his particular land use, then the municipality has the burden of proving the reasonableness of the exclusion. Bristow v Woodhaven, 35 Mich App 205 (1971) (mobile home parks); Simmons v Royal Oak, 38 Mich App 496 (1972) (multiple residential dwellings).

The doctrine of preferred use has its origins in the…