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.
Full Text Opinion 5/2001