Heath Township v. Sall

i

While I agree with the majority that no nonconforming use was established by defendants’ construction, I would also hold that defendants did not possess a nonconforming use because the citizens of the municipality, by filing a petition and reversing the zoning designation pursuant to MCL 125.282; MSA 5.2963(12), precluded the establishment of the property expectations and good faith necessary to constitute a nonconforming use. To hold otherwise would eviscerate the statute by permitting developers to circumvent its requirements by quickly engaging in construction sufficient to establish a…