Bingham Township v. RLTD Railroad

ON REMAND

Before: Saad, P.J., and Neff and Hoekstra, JJ. Neff, J.

This case is before us for the second time. In our prior decision, we held that the fifteen-mile-*540long by one-hundred-foot-wide transportation corridor at issue, part of which traverses plaintiff Bingham Township, was not subject to the township’s local zoning ordinances, and, specifically, that in light of the Legislature’s expressed intent to establish and maintain Michigan trailways, the township’s local zoning ordinances are preempted. Bingham Twp v RLTD Railroad Corp, 228 Mich App 154, 159; 576 NW2d 731 (1998). The Supreme…