Anspaugh v. Imlay Township

Plaintiffs appeal as of right the trial court’s order denying plaintiffs’ motion for partial summary disposition and granting summary disposition in favor of defendants pursuant to MCR 2.116(I)(2). We reverse and remand.

I. BASIC FACTS AND PROCEDURAL HISTORY

In June 2000, plaintiffs applied to rezone property located along Newark Road in defendant Imlay Township from R-l residential to 1-2 heavy industrial. During the various meetings regarding rezoning of this property, defendants acknowledged that 1-2 land uses were permissible under the township’s zoning ordinance, but no land designated for…