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The Court of Appeals decides a township zoning board of appeals case by according great deference to the municipality.

On January 21, 2020, the Michigan Court of Appeals issued an unpublished decision in Nixon v Webster Township (Case No. 343505; 2020 WL 359625) involving the Webster Township Zoning Board of Appeals (the “ZBA”).  The ZBA interpreted the Webster Township Zoning Ordinance and concluded that wedding barns are not included within the definition of “Seasonal Agri-Tourism” pursuant to the Webster Township Zoning Ordinance.  On appeal, the Washtenaw County Circuit Court reversed the ZBA’s decision and held in favor of the property owner.  The Court of Appeals later reinstated the ZBA’s decision.  The Court of Appeals reiterated that courts must show great deference to a decision by a municipal zoning board of appeals and other municipal zoning bodies.  The trial court below did not accord the appropriate deference to the ZBA’s expertise and knowledge of local matters. 

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