Order Michigan Supreme Court
Lansing, Michigan
March 28, 2008 Clifford W. Taylor,
Chief Justice
134739 Michael F. Cavanagh
134978 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
SHEPHERD MONTESSORI CENTER MILAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 134739
COA: 272357
Washtenaw CC: 00-001072-AS
ANN ARBOR CHARTER TOWNSHIP,
ANN ARBOR CHARTER TOWNSHIP ZONING
OFFICIAL and ANN ARBOR CHARTER
TOWNSHIP ZONING BOARD OF APPEALS,
Defendants-Appellants.
_________________________________________/
SHEPHERD MONTESSORI CENTER MILAN,
Plaintiff-Appellee,
v SC: 134978
COA: 272357
Washtenaw CC: 00-001072-AS
ANN ARBOR CHARTER TOWNSHIP,
ANN ARBOR CHARTER TOWNSHIP ZONING
OFFICIAL and ANN ARBOR CHARTER
TOWNSHIP ZONING BOARD OF APPEALS,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the May 22, 2007
judgment and the application for leave to appeal the August 21, 2007 order of the Court
of Appeals are considered. Pursuant to MCR 7.302(G)(1), in lieu of granting leave to
appeal, we VACATE the May 22, 2007 judgment of the Court of Appeals and we
REMAND this case to the Court of Appeals for reconsideration in light of Greater Bible
Way Temple of Jackson v City of Jackson, 478 Mich 373 (2007). In particular, the Court
of Appeals should reconsider whether the denial of the zoning variance imposed a
“substantial burden” on the plaintiff’s religious exercise, i.e., whether the denial of the
variance “coerce[s] individuals into acting contrary to their religious beliefs.” Id. at 401.
2
“A mere inconvenience or irritation” or “something that simply makes it more difficult in
some respect to practice one’s religion does not constitute a ‘substantial burden.’” Id. In
addition, we REVERSE the August 21, 2007 order of the Court of Appeals awarding
plaintiff sanctions for a vexatious motion for reconsideration. Given the facts and the law
at issue in this case, the Court of Appeals clearly erred in imposing such sanctions.
CAVANAGH, J., would grant leave to appeal.
KELLY, J., dissents and states as follows:
I would not remand this case to the Court of Appeals for reconsideration in light of
Greater Bible Way Temple of Jackson v City of Jackson,1 for the reasons stated in my
concurrence in that case. Rather, I would grant leave to appeal to consider whether the
denial of a variance implicates the Religious Land Use and Institutionalized Persons Act.2
If it does, we should determine whether it imposes a substantial burden on plaintiff’s
exercise of its religious beliefs.
1
478 Mich 373 (2007).
2
42 USC 2000cc et seq.
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.
March 28, 2008 _________________________________________
p0325 Clerk