Binkowski v. Shelby Township

While I agree with the majority opinion’s characterization of the Bristow burden, I cannot accept its criticism and limitation of Bristow, its precedents and antecedents. I write separately to state my views of the intended purpose and effect of Bristow.

The majority cites language from Bristow that the proponent of a preferred use who has established a prima facie case casts upon the municipality the burden of going forward to justify its exclusion of this legitimate and beneficial use. The distinction drawn by the majority between the burden of going forward and the burden of proof based…