In this zoning case, plaintiffs appeal as of right from the trial court’s order granting defendant’s motion for summary disposition. We affirm.
This action arises from plaintiffs’ desire to develop a 136-acre tract of land in defendant township for residential purposes. The land is zoned A-l, General Agricultural. Section 4.02 of the township’s zoning ordinance allows single-family dwellings as a permitted use in the A-l district, subject to certain density restrictions prescribed in § 4.02.B.1, which, according to plaintiffs, would allow one home for each 7.5 acres. Alternatively, § 5.30.B of the zoning ordinance allows Rural Open Space Developments in the A-l district as a conditional use, also subject to certain density restrictions, prescribed in § 5.30.D, which, according to plaintiffs, would allow one home for each 5.2 acres. Plaintiffs commenced this action alleging that the township’s zoning ordinances, particularly the density restrictions, were unreasonable and arbitrary, contrary to the intent of the Land Division Act, MCL 560.101 et seq., and effectively result in condominiums being prohibited in the A-l district in violation of the Condominium Act, MCL 559.101 et seq. Plaintiffs alleged that §§ 4.02.B.1 and
The trial court granted defendant’s motion for summary disposition, finding that the action was not ripe for review because plaintiffs did not exhaust their administrative remedies. Plaintiffs argue that the trial court erred in finding that their claims were not ripe for judicial review.
A trial court’s grant of summary disposition is reviewed de novo to determine whether the prevailing party was entitled to judgment as a matter of law. Allen v Keating,
“[T]he finality requirement is concerned with whether the initial decisionmaker has arrived at a definitive position on the issue that inflicts an actual, concrete injury . .. .” Paragon Properties Co v Novi,
With regard to their “as applied” challenge, plaintiffs argue that the claim should not have been dismissed because they exhausted their administrative remedies. We disagree. Although plaintiffs apparently participated in an informal preapplication conference, as required of all major projects, it is undisputed that a formal site plan was never submitted for preliminary or final approval. Plaintiffs also never applied for conditional land use approval of a Rural Open Space Development, or for a dimensional variance from the challenged density requirements. Lastly, plaintiffs never applied for rezoning of their land to a classification that would allow developments at the density they desired. Thus, the trial court properly found that plaintiffs failed to exhaust their administrative remedies and, therefore, their “as applied” challenge was not ripe for judicial review.
Plaintiffs also argue that the trial court erred in denying their motion for reconsideration. We disagree. Even considering the preapplication conference described in plaintiff Conlin’s second affidavit, plaintiffs have not shown that the trial court committed palpable prejudicial error in finding that their “as applied” challenge was not ripe for judicial review. See MCR 2.119(F)(3). Plaintiffs’ remaining arguments merely presented the same issues already decided by the trial court. See MCR 2.119(F)(3). Therefore, the trial court did not abuse its discretion in denying plaintiffs’ motion for reconsideration. Churchman v Rickerson,
While we agree with plaintiffs that the trial court erred in dismissing their claims that the ordinance is ultra vires and facially unconstitutional on the basis of the finality requirement, we take judicial notice of the fact that the township adopted an entirely new zoning ordinance in 2003. See MRE 202(a). Because the old ordinance has been repealed, plaintiffs’ challenges to
Although the trial court did not address these claims, this Court may consider the issues because they involve a question of law for which all the necessary facts were presented. Joe Panian Chevrolet, Inc v Young,
Plaintiffs allege that both the Land Division Act and the Condominium Act preempt the township’s zoning ordinance to the extent that the ordinance seeks to impose additional restrictions on the platting of land or the development of condominiums. Thus, plaintiffs claim that the township’s ordinance is ultra vires, i.e., beyond the scope of the authority delegated to the township.
This Court has held that, generally, a municipality may not prohibit what state law allows. Frens Orchard, Inc v Dayton Twp Bd,
MCL 560.108 specifies the types of “divisions not subject to the platting requirements of” the Land Division Act. Section 108 was initially incorporated by reference into the township’s ordinance for the purpose of establishing density restrictions. In 2000, the ordinance was amended to expressly add the substantive provisions of § 108.
Section 105 of the Land Division Act, MCL 560.105, provides in part:
Approval of a preliminary plat, or final plat shall be conditioned upon compliance with all of the following:
(a) The provisions of this act.
(b) Any ordinance or published rules of a municipality or county adopted to carry out the provisions of this act. [Emphasis added.]
Plaintiffs argue that, because the township’s ordinance limits land divisions in the A-l district to those not requiring a plat, it does not “carry out the provisions of th[e] [land division] act.” Thus, plaintiffs argue, the township may not require compliance with its ordinance.
Under the Land Division Act, except for § 108 and the exempt subdivisions listed in § 102(f), all proposed subdivisions must be platted and the proposed plat submitted for review by the municipality, among others, as provided in §§ 112 to 119. See MCL 560.120(1)(a); see also MCL 560.166. To be approved, a plat must meet the requirements of §§ 131 to 151, which concern form, substance, and the certificates of approval necessary for recording a final plat. See MCL 560.131(5).
But the Land Division Act expressly provides that “[t]he standards for approval of plats prescribed in this act are minimum standards and any municipality, by ordinance, may impose stricter requirements and may reject any plat which does not conform to such requirements.” MCL 560.259. Additionally, MCL 560.105 allows approval to be conditioned upon compliance with local ordinances. See also MCL 560.254.
Contrary to what plaintiffs argue, it is clear that the Land Division Act is not preeminent in the field of land subdivisions because it expressly allows municipalities to impose stricter requirements. While the act specifies those divisions that must be platted, it does not appear to require that platted subdivisions be permitted in all districts. Additionally, the Township Zoning Act enables the township to impose density restrictions in each zoning district. See MCL 125.271; MCL 125.273. Plaintiffs have failed to identify any provision prohibiting a municipality from imposing density restrictions that have the effect of precluding certain subdivisions in certain districts. The fact that the density formula was taken from the Land Division Act appears to be of no consequence. Additionally, while the Land Division Act provides that the types of subdivisions permitted in the
Section 141 of the Condominium Act, MCL 559.241, provides:
(1) A condominium, project shall comply with applicable local law, ordinances, and regulations. Except as provided in subsection (2), a proposed or existing condominium project shall not be prohibited nor treated differently by any law, regulation, or ordinance of any local unit of government, which would apply to that project or development under a different form of ownership.
(2) Except as to a city having a population of more than 1 million persons, a local unit of government is preempted by the provisions of this act from enacting a law, regulation, ordinance, or other provision, which imposes a moratorium on conversion condominiums, or which provides rights for tenants of conversion condominiums or apartment buildings proposed as conversion condominiums, other than those provided in this act. [Emphasis added.]
Thus, while condominiums may not be prohibited, the Condominium Act clearly authorizes a municipality to regulate condominiums. Therefore, the Condominium Act is not preeminent in the field.
Plaintiffs have pointed to no ordinance provision prohibiting condominiums in the A-l district. Additionally, in order to prevail on a claim of exclusionary zoning, plaintiffs would need to show that the particular use was prohibited in the entire township despite a demonstrated need and an appropriate location. See MCL 125.297a; see also Frericks, supra at 610. Plaintiffs make no such claim. Accordingly, even if the ordinance has the effect of prohibiting condominiums in
With regard to their facial substantive due process claim, plaintiffs allege that the township’s zoning ordinance arbitrarily, unreasonably, and capriciously excludes legitimate uses from their property, in particular, single-family residential uses at a density greater than that dictated by the number of land divisions allowed without a plat under the Land Division Act. Plaintiffs argue that, to the extent that the township’s zoning ordinance imposes density restrictions in the A-l district and in Rural Open Space Developments by allowing only the number of land divisions that would be permitted without a plat under the Land Division Act, the ordinance is arbitrary, capricious, and unreasonable on its face. Plaintiffs additionally argue that the density restrictions do not advance a reasonable government interest, and that excluding platted lots and single-family condominiums from their property advances no legitimate or reasonable government interest. Therefore, plaintiffs argue, the density restrictions violate substantive due process on their face.
Substantive due process requires that an ordinance “be rationally related to a legitimate governmental interest.” Landon Holdings, Inc v Grattan Twp,
*390 “(1) the ordinance is presumed valid; (2) the challenger has the burden of proving that the ordinance is an arbitrary and unreasonable restriction upon the owner’s use of the property; that the provision in question is an arbitrary fiat, a whimsical ipse dixit; and that there is not room for a legitimate difference of opinion concerning its reasonableness; and (3) the reviewing court gives considerable weight to the findings of the trial judge.” [Frericks, supra at 594, quoting A & B Enterprises v Madison Twp,197 Mich App 160 , 162;494 NW2d 761 (1992).]
This Court has held that, to survive the substantive due process rational basis test, the “means selected must have a real and substantial relationship to the object sought to be attained.” Muskegon Rental, supra at 53 (citations omitted; emphasis added); see also West Bloomfield Twp v Chapman,
“Rational basis review does not test the wisdom, need, or appropriateness of the legislation, or whether the classification is made with ‘mathematical nicety,’ or even whether it results in some inequity when put into practice.” Crego v Coleman,463 Mich 248 , 260;615 NW2d 218 (2000). Rather, it tests only whether the legislation is reasonably related to a legitimate governmental purpose. The legislation will pass “constitutional muster if the legislative judgment is supported by any set of facts, either known or which could reasonably be assumed, even if such facts may be debatable.” Id. at 259-260. To prevail under this standard, a party challenging a statute must overcome the presumption that the statute is constitutional. Thoman v Lansing,315 Mich 566 , 576;24 NW2d 213 (1946). Thus, to have the legislation stricken, the challenger would have to show that the legislation is based “solely on reasons totally unrelated to the pursuit of the State’s goals,” Clements v Fashing,457 US 957 , 963;102 S Ct 2836 ;73 L Ed 2d 508 (1982), or, in*391 other words, the challenger must “negative every conceivable basis which might support” the legislation. Lehnhausen v Lake Shore Auto Parts Co,410 US 356 , 364;93 S Ct 1001 ;35 L Ed 2d 351 (1973). [Emphasis added.]
Therefore, unless plaintiffs are able to “negative every conceivable basis” supporting the ordinance, or show that it “is based ‘solely on reasons totally unrelated to the pursuit of the State’s goals,’ ” the density restrictions will survive rational basis scrutiny even if they result in “some inequity” and the facts supporting them are “debatable.”
Plaintiffs rely primarily on Scots Ventures, Inc v Hayes Twp,
Even assuming that plaintiffs property is aptly considered farmland, the evidence suggests that the ten-acre minimum was arbitrary and capricious. While there was testimony that a five-acre minimum lot size requirement would not be sufficient to preserve farmland, there was also testimony that the ten-acre minimum lot size requirement would likewise be insufficient. Given the deficiencies of both options, the imposition of the more burdensome ten-acre requirement is unreasonable.
The ten-acre minimum for a residential lot also fails to bear a reasonable relationship to the goal of preserving the rural character of the area. Defendant’s own comprehensive zoning plan recognizes that zoning districts with the five-acre lot size requirement... provide a means of maintaining the rural character of lands no longer in agricultural use. Because a five-acre minimum is capable of achieving the township’s goal of preserving the rural character of the community, the imposition of a more burdensome ten-acre minimum is clearly arbitrary, capricious, and unreasonable. [Id. at 533-534.]
The Court found that the township’s stated goal of “preserving ‘farmland’ can be more accurately characterized as an interest in preventing further development,” and that “[t]he real motivations behind the facade of ‘public health and welfare’ appear to be aesthetics, retention of ‘rural character,’ and a desire to exclude new homeowners from the township.” Id. at 534. The Court concluded that the plaintiff had met its burden of overcoming the presumption of constitutionality and showing that the minimum lot size requirement was unreasonable. Id.
It appears that the Court in Scots invalidated the minimum lot size requirement because “it resulted] in some inequity” and because the facts alleged in support were “debatable.” See Id. at 533-535. In a dissenting
Conversely, in Padover v Farmington Twp,
In the present case, the zoning ordinance was enacted pursuant to the Township Zoning Act (TZA), MCL 125.271 et seq. The TZA authorizes townships to adopt zoning ordinances based on a plan designed “to promote the public health, safety, and general welfare;... to avoid the overcrowding of population; to provide adequate light and air; to lessen congestion on public roads and streets; [and] to facilitate adequate provision” of municipal services. MCL 125.273; see also MCL 125.271. The act provides that a “zoning ordinance
Thus, it is clear that avoiding overcrowding and preserving open space are “legitimate governmental interests.” See Landon Holdings, supra at 173, 177. Density restrictions advance those goals. See id. As argued by plaintiffs, there may be a need for additional housing in the township, and the restrictions may result in some inequity depending on the size of the parent tract. However, plaintiffs cannot show that the density restrictions are based “solely on reasons totally unrelated to the pursuit of the State’s goals,” nor can plaintiffs “negative every conceivable basis which might support” the restrictions. Thus, the zoning ordinance passes rational basis scrutiny. See Muskegon Rental, supra at 464. We decline plaintiffs’ invitation to address the wisdom and efficacy of the density restrictions and, in essence, sit as a superzoning commission. See Padover, supra at 635; see also Brae Burn, supra at 430-431.
Affirmed.
Notes
Plaintiffs cite Lake Angelo Assoc v White Lake Twp,
While the Supreme Court in Muskegon Rental was addressing equal protection, not substantive due process, id. at 464-467, this Court has held that, where there are no suspect classifications or fundamental rights involved, and the ordinance does not completely exclude a particular use, the substantive due process and equal protection tests are essentially the same. Landon Holdings, supra at 173-177.
Plaintiffs also cite Guy v Brandon Twp,
Roll v Troy,