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No. 123430
| Jeffrey Sotelo, Susan Sotelo, |
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Joel W. Baar (616) 531-7711 |
| Walter J. Vander Wall, individually |
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| and as Trustee, and Phyllis A. Vander Wall, |
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| individually and as Trustee, |
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Plaintiffs-Appellees, |
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| vs (Newaygo - Monton, A.) |
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| Township of Grant, |
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Clifford H. Bloom (616) 459-1171 |
Defendant-Appellant. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Supplemental Brief>>
Plaintiffs-Appellees' Brief in Opposition>>
Plaintiffs-Appellees' Supplemental Brief in Opposition>>
Michigan Department of Consumer and Industry Services' Amicus Curiae Brief>>
Michigan Department of Consumer and Industry Services' Supplemental Brief>>
Background
Plaintiffs Jeffrey and Susan Sotelo and Walter and Phyllis Vander Wall owned 2.35 acres of land that adjoined a 7.63 acre parcel of land. Under the Land Division Act ("LDA"), parcels of land less than 10 acres in size may be divided into four parcels without going through the platting process. Plaintiffs' property could only be divided into two, however, because of the Township of Grant 's one-acre minimum lot size restriction. Plaintiffs purchased 3.25 acres of land from the adjoining property owner, making their parcel 5.6 acres. The remainder of the adjoining parcel was divided into four smaller ones. Plaintiffs then divided their 5.6 acres into four parts. The Township refused to approve the division of the plaintiffs' land. The Township contended that the 7.63 acre adjoining parcel was a "parent parcel" under the LDA, and that the division of that parcel into four smaller ones "used up" the maximum number of divisions available under the LDA. The circuit court agreed with the Township, but the Court of Appeals reversed and allowed the plaintiffs to divide their 5.6 acres into four parcels. The Township appeals.
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