Hentz v. Elma Township Board of Supervisors

CROTHERS, Justice.

[¶ 1] Brandan and Troy Hentz (“the Hentzes”) appealed from the district court’s dismissal of their appeal from the Elma Township Zoning Commission’s (“the Township”) findings that they violated a zoning ordinance by planting trees too close to county roads. We reverse the district court’s judgment after concluding the Township’s decision was unreasonable, and we remand to the Township to vacate its February 12, 2006 Order.

I

[¶ 2] The relevant facts are undisputed. The Hentzes are tree farmers who own trees planted for the purposes of tree farming. Some of the trees were…