Peacock Township v. Panetta

Citations: 265 N.W.2d 810; 81 Mich. App. 733; 1978 Mich. App. LEXIS 2185Docket: Docket 77-2010

Court: Michigan Court of Appeals; March 7, 1978; Michigan; State Appellate Court

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Defendants appealed an injunction from the Lake County Circuit Court that prohibited them from operating a primitive campground on their property in Peacock Township. The township had enacted a comprehensive zoning ordinance in 1970, designating four types of zoning districts: Residential A, Residential B, Commercial-Residential, and Agricultural. The defendants' 10-acre parcel included both commercial-residential and agricultural zones. They had operated a primitive campground on the agricultural portion, primarily catering to motorcyclists attending nearby events.

In response to concerns about campgrounds, the township passed an interim ordinance in 1975, halting the establishment, alteration, or extension of campgrounds for a year. Defendants continued their operations, as the ordinance allowed existing campgrounds to remain. In 1976, the township amended its zoning ordinance to allow campgrounds only in designated areas, which did not include the defendants' property. Consequently, when the defendants planned to continue their campground operations, the township sought an injunction.

The defendants argued that the original zoning ordinance did not specifically prohibit campground usage. The ordinance allowed all uses from the Residential A and B districts in the Commercial-Residential district and did not clearly define what constituted a "mercantile business." The court noted that ambiguities in the ordinance should favor property owners, suggesting that the defendants could operate their campground. Additionally, considering the sparsely populated nature of the township, where over 60% of the land was public and available for camping, the court inferred that campgrounds were likely intended to be permissible uses in the commercial-residential district, particularly in non-metropolitan areas.

Art X of the ordinance prohibits campgrounds in specific areas of the township, but the defendants' property is not within these restricted zones, indicating that operating a campground there is permissible. The court concluded that the defendants’ use of their property as a campground complies with the 1970 Peacock Township Zoning Ordinance. The defendants argued that the interim zoning ordinance enacted by the plaintiff was unconstitutional, lacking a reasonable relation to township interests. However, zoning ordinances are presumed valid, and the burden of proof lies with those challenging them. The defendants did not demonstrate that the ordinance failed to promote public health, safety, or welfare; it was enacted to assess fire hazards related to large gatherings during motorcycle rallies and only restricted the expansion of existing campgrounds, not affecting the defendants' current operations.

The defendants also claimed that the comprehensive zoning ordinance from 1976 could not restrict their established use as a primitive campground prior to its enactment. A nonconforming use grants the right to continue a prior lawful use despite new zoning regulations. The court found that the defendants had sufficiently demonstrated their use of the property as a campground prior to the ordinance, as evidenced by their hosting of large groups for motorcycle rallies and regular weekend campers. Thus, the court ruled in favor of the defendants, allowing them to continue operating their property as a primitive campground, and dissolved the injunction against them. The appeal issues raised were deemed insufficient for further discussion, and no costs were awarded, given the public interest involved.