Michigan Supreme Court Unanimously Empowers the City of Holland to Ban Construction of New Billboard

By May 11, 2001News

Issues: Whether sections of city’s zoning ordinance regarding signs were valid under the Michigan City and Village Zoning Act (CVZA); Home Rule Cities Act (HCRA) §§ 41(c) and (f); Exclusionary zoning

Court: Michigan Supreme Court

Case Name: Adams Outdoor Advertising, Inc. v. City of Holland

e-Journal Number: 10112

Judge(s): Kelly, Corrigan, Cavanagh, Taylor, Young, Jr., and Markman; Concurring in result only – Weaver

Although the challenged sections of defendant-city’s zoning ordinance limited the billboards within the city, they did not constitute an impermissible total prohibition of billboards and the trial court erred when it ruled that plaintiff met its burden to demonstrate exclusionary zoning under the CVZA. Since defendant enacted the provisions under the CVZA as part of its zoning ordinances, the HRCA provision authorizing cities to regulate billboards in their charters did not need to be considered. The court affirmed the Court of Appeals decision vacating the circuit court’s injunction precluding enforcement of the challenged zoning ordinance provisions.

Read the full Opinion Here