CIERRA BUILDING CO V CHARTER TWP OF HARRISON

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STATE OF MICHIGAN COURT OF APPEALS CIERRA BUILDING COMPANY, UNPUBLISHED February 17, 2009 Plaintiff-Appellee, v No. 280628 Macomb Circuit Court LC No. 05-004997-CZ CHARTER TOWNSHIP OF HARRISON, Defendant-Appellant. Before: Fort Hood, P.J. and Wilder and Borrello, JJ. Wilder, J., (concurring). Section 3.09 of Harrison Township’s Zoning Ordinance states: “No dwelling shall be erected in an commercial, industrial or other nonresidential districts. However, the sleeping quarters of a watchman or a caretaker, not constructed as permanent sleeping or housekeeping facilities, may be permitted in such districts in conformance with the specific requirements of the particular district.” (Emphasis added). As such, I would conclude from the language of section 3.09 that plaintiff was specifically precluded from building residential dwellings on its nine lots. Therefore, I would also reverse the trial court’s order granting a declaratory judgment in favor of plaintiff, albeit on a different ground from that articulated by the majority. /s/ Kurtis T. Wilder -1-

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