TheReview_Jan_Feb_2022 Flipping Book

The Court of Appeals began its analysis by reviewing the relevant issues, i.e., the interpretation of 1) the municipal ordinance setting out the requirements by which an “owner” has abandoned a nonconforming use variance, and 2) the governing statute (MCL 125.3606) relating to appeals from a ZBA to a Circuit Court. The Court of Appeals stated that, in this case, the provisions of the ordinance relating to abandonment defined an “owner” as “the person having the right of legal title or beneficial interest in or a contractual right to purchase a parcel of land,” and noted that property ownership encompasses a variety of rights that may be held by different persons at the same time. The Court of Appeals then provided a short course in property rights, holding that although DMG did not hold legal title to the property, it owned a beneficial interest in the leased property with the right to exclusively possess, use, and enjoy it for ad space under its nonconforming use variance. It further stated that the ZBA’s reconsideration decision applied the wrong standard of review but also failed to consider the most relevant evidence, i.e., the conduct of DMG. Detroit Media Group v City of Detroit , No. 352452 (September 23, 2021)

ROBERT WYLAND , artist and conservationist, is a native

of Madison Heights, Michigan. He is known for his more than 100 Whaling Walls, large outdoor murals featuring images of life-size

whales and other sea life. His memorable humpback whale mural on the rear façade of the currently named Broderick Tower was dedicated on October 13, 1997.

https://en.wikipedia.org/wiki/David_Broderick_Tower https://en.wikipedia.org/wiki/Robert_Wyland

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THE REVIEW