Schweihofer v. Zachary

This appeal concerns an application for a special use permit to allow a trap-shooting range to be constructed on approximately 53 acres of land originally owned by plaintiff Schweihofer and now belonging to plaintiff Van Maele Rod and Gun Club. The numerous issues raised by the parties will be considered seriatim.

I

Intervening defendants argue that the trial court erred in not referring this matter to the township planning commission for the purpose of providing the Board of Zoning Appeals with a written recommendation. The applicable St. Clair Township zoning ordinance allows the Board of…