Century Cellunet of Southern Michigan Cellular Ltd. Partnership v. Summit Township

Petitioner appeals by leave granted the circuit court’s order affirming the decision of the Summit Township Zoning Board of Appeals (zba). The ZBA denied petitioner’s application to modify the nonconforming use of its telecommunications tower. We conclude that the zba correctly characterized petitioner’s application as a request to extend or expand a nonconforming use. However, we also conclude that Summit Township’s zoning ordinance violates the Township Zoning Act, MCL 125.286, to the extent that the ordinance completely prohibits the extension or expansion of a nonconforming use. We…