In Zoning Case, MI Appellate Court Holds Firm On Equal Protection Determination

On Tuesday, the Michigan Court of Appeals issued its third opinion in the long-running zoning dispute in Shepherd Montessori Center Milan v. Ann Arbor Charter Township, (MI Ct. App., Aug. 26, 2008). In the case, a Catholic school challenged a township's denial of its request for a zoning variance. In 2007 (see prior posting), The Court of Appeals held that the denial violated both RLUIPA and the equal protection clause. When the township petitioned the Michigan Supreme Court to review the case, the state's high court instead vacated the Court of Appeals decision and remanded the case for reconsideration in light of another RLUIPA case the state Supreme Court had just decided-- Greater Bible Way Temple of Jackson v City of Jackson. Now, reconsidering in light of Greater Bible Way, the Court of Appeals reluctantly concluded that RLUIPA was not violated, but reaffirmed its earlier holding that the rezoning denial did violate the Equal Protection Clause. [Thanks to Brian D. Wassom for the lead.]