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Misinterpretation of “Anti-Funneling” Ordinance by Rutland Charter Township Zoning Board of Appeals

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In Adkins et al v Rutland Charter Twp Zoning Board of Appeals et al, the Court of Appeals held the Township's anti-funneling ordinance prohibited owners of riparian lots from allowing the owners of non-riparian lots to use their property to access the lake for seasonal boating.  The Plaintiff property owners filed an application for interpretation and enforcement of the Township's anti-funneling statute after non-riparian owners began docking and mooring their boats on neighboring lakefront property

with permission of the owners of those lots.  The Zoning Board of Appeals ("ZBA"), after two public hearings, relied on the preamble of the Ordinance and determined the language of the Ordinance allowed riparian owners to permit non-riparian owners to use the riparian lots for access to the lake.  The trial court subsequently agreed with the ZBA's interpretation. 

On Appeal, the Court of Appeals found the ZBA's interpretation of the anti-funneling provision to be contrary to the unambiguous provision of the Ordinance and contrary to law.  The court found the language in the Ordinance to be unambiguous and plainly limited the use of the lakefront lots to the owners of one single-family home and only the access incidental to use by the owners of that single-family home. 

 

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