Saugatuck Dunes Coastal Alliance v. Saugatuck Township

Summary

The Michigan Supreme Court held that the Michigan Zoning Enabling Act does not require a zoning appellant to own real property or to prove special damages only by comparison with similarly situated property owners. It adopted a three-part test requiring participation in the challenged proceedings, an asserted legally protected interest or right likely to be affected, and evidence of special damages differing in kind or significance from effects on others in the local community. The Court vacated the lower courts’ standing determinations and remanded for reconsideration under the unified meaning of “aggrieved” in the applicable statutory provisions.