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Lawsuit against Breitung dismissed

November 12, 2013
The Daily News

By NIKKI YOUNK

Staff Writer

QUINNESEC - A civil lawsuit filed against Breitung Township regarding a zoning issue has been dismissed.

Township attorney Bill Fahey updated members of the Breitung Township Board of Trustees on the case during their Monday meeting.

Fahey said that the case, which was heard by Dickinson County Circuit Court Judge Richard Celello, was dismissed in court earlier that day.

According to Fahey, there were legal deficiencies in the complainant's claims.

The complaint stems from concerns by resident Sue Reese that a business was operating in a house in a residential area on the 600 block of Campbell Street.

Reese voiced concerns about the number of vehicles parked in the business's driveway and the square footage of the building.

To operate the business, which is a Michigan State Housing Development Agency office, owner Shelly Bryne had applied for a conditional use permit.

Since the number of employees exceeded the permit's limit, the township had investigated and approved a conditional rezoning agreement.

Reese then filed the civil lawsuit claiming that the township was in violation of spot zoning by allowing the business to operate in a rural residential district.

In other business, the board:

- Approved to pay Dickinson Area Partnership dues in the amount of $4,000.

- Approved final revisions to the proposed garbage ordinance. The ordinance will now be subject to a public hearing on Dec. 9.

Nikki Younk's e-mail address is nyounk@ironmountaindailynews.com.

 
 

 

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