Bierman v. Township of Taymouth

Defendants appeal as of right from a November 28, 1984, order through which portions of the defendants’ zoning ordinance were held unconstitutional as applied to plaintiffs’ property.

Plaintiffs, who live on Elms Road in Birch Run, Michigan, desired to use a portion of their property as a junkyard. In the spring of 1979, they requested a special use permit from the Taymouth Township Zoning Board. The request was denied on the ground that plaintiffs did not have a 200-foot set-back as required by the local zoning ordinance.

In the fall of 1979, after having acquired 20 acres of adjacent land,…