Michigan Supreme Court

Pegasus Wind LLC v. Tuscola County

April 9, 2024

Summary

The Michigan Supreme Court held that the Court of Appeals applied the wrong standard of review by conducting a de novo factual analysis instead of applying the clear‑error substantial‑evidence test to the circuit court’s review of the airport zoning board’s findings. Accordingly, the Court reversed the Court of Appeals in part, reinstated the zoning board’s denial of the variances, and vacated the remainder of the appellate opinion.