Legal Opinion

Kyser v. Kasson Twp

Michigan Supreme Court

Decided July 15, 2010No. Docket 136680PublishedCited by 27 opinions

1Opinion of the CourtMarkman, J.

At issue here is: (1) whether the rule articulated in Silva v Ada Twp, 416 Mich 153; 330 NW2d 663 (1982), which held that a zoning ordinance is unreasonable if the person challenging the ordinance can show that there are natural resources on the property and that “no very serious consequences” would result from extracting such resources, is constitutionally required; (2) whether the “no very serious consequences” rule violates the constitutional separation of powers; and (3) whether the “no very serious consequences” rule was superseded by the enactment of the exclusionary zoning provision,…

2Cases cited42 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Agostini v. FeltonSupreme Court of the United States · 1997
  3. Massachusetts v. MellonSupreme Court of the United States · 1923
  4. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  5. Robinson v. City of DetroitMichigan Supreme Court · 2000

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3Cited by27 opinions

  1. People v. TannerMichigan Supreme Court · 2014
  2. Ter Beek v. City of WyomingMichigan Supreme Court · 2014
  3. Barrow v. City of Detroit Election CommissionMichigan Court of Appeals · 2013
  4. Okrie v. StateMichigan Court of Appeals · 2014
  5. Wells Fargo Bank v. Cherryland Mall Ltd. PartnershipMichigan Court of Appeals · 2013

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