TRAVERSE AGGREGATE INC V KASSON TWP

 Annotate this Case
Download PDF
STATE OF MICHIGAN COURT OF APPEALS TRAVERSE AGGREGATE, INC., UNPUBLISHED December 13, 1996 Plaintiff-Appellant, v No. 189519 LC No. 94-3439 NZ KASSON TOWNSHIP, KASSON TOWNSHIP BOARD, KASSON TOWNSHIP PLANNING COMMISSION, Defendants-Appellees. Before: Young, P.J., and O’Connell and W.J. Nykamp,* JJ. MEMORANDUM. Plaintiff appeals as of right the order granting summary disposition in favor of defendants. The court concluded that plaintiff’s claim was not yet ripe for review because defendant governmental entities had not yet issued a final decision concerning plaintiff’s application for a special use permit. We affirm. Plaintiff argues that the court erred in concluding that a document containing the following language was not a final decision: “These are some of the requirements that would be incorporated in the site plan and permit” (emphasis supplied). The conditional approval of a building plan does not, in and of itself, constitute the final decision of a governmental entity. Electro-Tech, Inc v H F Campbell Co, 433 Mich 57; 445 NW2d 61 (1989). Here, the document in question does not even rise to the level of a conditional approval. Considering the pertinent documentary evidence, Patterson v Kleiman, 447 Mich 429, 434; 526 NW2d 879 (1994), we are confident that it would be impossible to support plaintiff’s claims at trial. SSC Associates v General Retirement System, 192 Mich App 360, 365; 480 NW2d 275 (1991), after remand 210 Mich App 449; 534 NW2d 160 (1995). Accordingly, summary disposition was appropriate. * Circuit judge, sitting on the Court of Appeals by assignment. -1­ Affirmed. /s/ Robert P. Young /s/ Peter D. O’Connell /s/ Wesley J. Nykamp -2­

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.