At its January 10 meeting, SWWCOG members heard a presentation by Mr. Tony VanDerworp, Director of the county’s Department of Planning and Environment. Tony reviewed the recent State of Michigan Court of Appeals decision entitled Earl Anspaugh and Trinity of Michigan, LLC v. Imlay Township and Imlay Township Planning Commission. This case provides important findings regarding exclusionary zoning claims, the “reasonableness” of master plans, and recommendations for preparations that should be taken by local government units to maintain legal defensibility of their master plans.

Mr. VanDerworp’s summary memo, and the Court of Appeal’s court order, may be viewed by clicking here.

Mr. VanDerworp also presented to SWWCOG members an advisory memorandum and recommendations regarding population growth projections and their use in updating master plans, particularly in ensuring legal defensibility of the master plan. Several court cases were cited, along with recommended action to be taken by local units of government when preparing master plans and related activities. The estimated costs to prepare a “typical” master plan were also presented.

This memo may be viewed by clicking here.

SWWCOG members will consider these recent court decisions during the Regional Plan updating process.