Bingham Township v. RLTD Railroad

This is a dispute between a township and proponents of a “rails to trails” recreational pathway that passes through the township. The Court of Appeals has twice found that the township’s zoning ordinance is preempted by laws that govern such pathways. We reverse the judgment of the Court of Appeals and remand this case to circuit court for further proceedings.

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This case concerns a former rail line that, roughly speaking, extends from Traverse City to Suttons Bay. The right of way in Leelanau County is about one hundred feet wide and about fifteen miles long. 1 Until the late 1970s, the…