Township of Fraser v. Haney (Opinion - Leave Granted)
Annotate this CaseFraser Township filed a complaint against Harvey and Ruth Ann Haney, seeking a permanent injunction to enforce its zoning ordinance and to prevent defendants from raising on their commercially zoned property, hogs or other animals that would violate the zoning ordinance, to remove an allegedly nonconforming fence, and to plow and coat the ground with nontoxic material. Defendants brought a hog onto their property as early as 2006, and defendants maintained hogs on their property through the time this lawsuit was filed in 2016. Defendants moved for summary disposition, arguing that plaintiff’s claim was time-barred by the six-year statutory period of limitations in MCL 600.5813. The trial court denied the motion, concluding that because the case was an action in rem, the statute of limitations did not apply. The Court of Appeal reversed, finding that the statute of limitations applied. Finding that the appellate court erred in concluding the statute of limitations applied, the Michigan Supreme Court reversed and reinstated the trial court's order denying defendants' motion for summary judgment.
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