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.