Order Michigan Supreme Court
Lansing, Michigan
April 29, 2009 Marilyn Kelly,
Chief Justice
136680 & (89)(90)(93) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
EDITH KYSER, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 136680
COA: 272516
Leelanau CC: 04-006531-CZ
KASSON TOWNSHIP,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 6, 2008
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the “no very serious consequences”
rule of Silva v Ada Township, 416 Mich 153 (1982), was superseded by the enactment of
1978 PA 637, MCL 125.297a (now recodified in nearly identical language as MCL
125.3207); (2) whether the “no very serious consequences” rule violates the separation of
powers doctrine by providing enhanced judicial review of local zoning decisions; and (3)
whether the “no very serious consequences” rule impermissibly shifts the burden of proof
onto the local government to defend its zoning policy.
The motions for leave to file briefs amicus curiae are GRANTED. Other persons
or groups interested in the determination of the issue presented in this case may move the
Court for permission to file briefs amicus curiae.
WEAVER, J., is not participating in this case because she has a past and current
business relationship with Kasson Township Supervisor Fred Lanham and his family.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 29, 2009 _________________________________________
p0422 Clerk