City of Detroit v. City of Detroit Board of Zoning Appeals
City of Detroit v. City of Detroit Board of Zoning Appeals
Opinion of the Court
*251The city of Detroit (the City) appeals the circuit court order affirming the decision of the City's Board of Zoning Appeals (the BZA) to grant a use variance to International Outdoor Inc. (IO) for the erection of a billboard. On appeal, the City argues that the BZA did not have the authority to grant a use variance in an area of Detroit designated as the Grand Boulevard overlay zone, which bans off-site advertising signs. Even if the BZA did have the authority, the City argues that IO could not prove that the ordinance imposed an unnecessary hardship because IO "purchased *252the hardship," i.e., it purchased the property with knowledge that the ordinance banned off-site advertising signs. We conclude that the BZA had the authority to grant a use variance in the overlay zone and that the BZA did not err when it granted IO's request for a use variance based on unnecessary hardship. Because neither IO nor its predecessor in title created the hardship by partitioning, subdividing, or otherwise physically altering the land after the enactment of the ordinance, the BZA could grant the use variance. Therefore, we affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
In 1999, the City amended its zoning ordinance to ban off-site advertising signs in a portion of the City referred to as the Grand Boulevard overlay zone. See Detroit Zoning Ordinance, § 61-6-65.
*313purchased a small parcel of vacant property in Detroit that was located within the overlay zone and was zoned as a B4 general business district. The property measured 30 feet wide and 184 feet long with an area of 5,520 square feet. In 2015, IO submitted an application for a permit to erect a billboard on the property. The City's planning department denied the application, referring to the advertising restrictions in the Grand Boulevard overlay zone.
IO appealed to the BZA, seeking a hardship variance.
Just, before we get a motion on the floor, the observation that I want to make here is that if we were to approve this as a hardship, virtually any property developer, um, in-virtually any property developer in the city could purchase a subsection of a piece of land in an overlay district and claim that they have a hardship because there *254is no other use that they can make of this land other than whatever it is that they bought it for; in this case, a billboard. ... I think that what this does is it creates a precedent that virtually obsolesces the concept of an overlay.
Ultimately, the BZA voted to grant the variance, and the City appealed that decision in the circuit court.
The circuit court affirmed the BZA's decision. In its holding, the court explained that while IO bought the property with knowledge of the ban on off-site advertising signs, there was no evidence that IO took any action that physically altered the *314property to create the hardship now at issue. According to the court, "[c]urrent Michigan law does not support [the City's] argument that the Self-Created Hardship Rule bars [IO's] variance request and the [c]ourt declines to expand Michigan law at this time." The City now appeals the circuit court's decision, claiming that the BZA did not have the authority to grant the variance in an overlay zone and that even if it did, IO's act of purchasing the property created the hardship at issue.
II. STANDARD OF REVIEW
We review de novo the underlying interpretation and application of an ordinance. Great Lakes Society v. Georgetown Charter Twp. ,
(1) Any party aggrieved by a decision of the zoning board of appeals may appeal to the circuit court for the *255county in which the property is located. The circuit court shall review the record and decision to ensure that the decision meets all of the following requirements:
(a) Complies with the constitution and laws of the state.
(b) Is based upon proper procedure.
(c) Is supported by competent, material, and substantial evidence on the record.
(d) Represents the reasonable exercise of discretion granted by law to the zoning board of appeals. [ MCL 125.3606(1).]
In other words, "[t]he decision of a zoning board of appeals should be affirmed unless it is contrary to law, based on improper procedure, not supported by competent, material, and substantial evidence on the record, or an abuse of discretion." Janssen v. Holland Charter Twp. Zoning Bd. of Appeals ,
III. THE BZA'S AUTHORITY TO GRANT THE USE VARIANCE
Initially, the question turns on whether the BZA had authority to grant a use variance in the overlay zone. After review of the prevalent statutes and caselaw, we conclude that the BZA had the authority to grant IO's variance request. MCL 125.3604 defines a board's authority to grant a use variance, providing, in pertinent part:
(7) If there are practical difficulties for nonuse variances as provided in subsection (8) or unnecessary hardship for use variances as provided in subsection (9) in the way of carrying out the strict letter of the zoning ordinance, the zoning board of appeals may grant a variance in accordance with this section, so that the spirit of the zoning ordinance is observed, public safety secured, and substantial justice done....
* * *
*256(10) The authority granted [to cities and villages under this ordinance] is subject to the zoning ordinance of the local unit of government otherwise being in compliance with subsection (7) and having an ordinance that requires a vote of 2/3 of the members of the zoning board of appeals to approve a use variance.
(11) The authority to grant use variances [to cities and villages under this ordinance] is permissive, and this section does not require a local unit of government to adopt ordinance provisions to allow for the granting of use variances. [ MCL 125.3604(7), (10), and (11).]
*315We have held that "[a] township zoning board of appeals has the authority to vary or modify any zoning ordinance to prevent unnecessary hardship if the spirit of the ordinance is observed, the public safety if secured, and substantial justice is done." Janssen ,
At issue in this case is Detroit's ordinance banning advertising signs within the Grand Boulevard overlay zone:
Sec. 61-6-65. Advertising signs within the area bounded by Grand Boulevard.
It shall be unlawful to construct, erect, paint, fasten, or affix any new advertising sign, whether billboard or painted wall graphic, on any zoning lot abutting or within the area bounded by East Grand Boulevard, the Detroit River, and West Grand Boulevard. This prohibition in no way limits the right to periodically alter the advertising display on billboards approved for "changeable copy" or to repaint the display on duly licensed painted wall graphics. No lawfully existing advertising sign within said area shall be enlarged or expanded, except upon approval of the Board of Zoning Appeals as provided for in Sec. 61-15-16 of this Code. [Detroit Zoning Ordinance, § 61-6-65.][4 ]
*257With this backdrop, we acknowledge that the BZA has broad power under Detroit's ordinances to provide relief for any landowner who proves an economic hardship:
Sec. 61-4-127. Additional forms of relief.
The Board of Zoning Appeals may adopt any legally available incentive or measure that is reasonably necessary to offset any denial of reasonable economic use, and may condition such incentives upon approval of specific development plans. Where the Board of Zoning Appeals finds that the denial of the application would create a substantial economic hardship, the Board may consider additional relief to provide an appropriate increase in market value or other benefit or return to the petitioner sufficient to offset the denial of all reasonable economic use. The types of incentives that the Board of Zoning Appeals may consider include, but are not limited to, the following:
* * *
(3) Allow the establishment of a prohibited use, provided, that the petitioner demonstrate none of the permitted or Conditional Uses in the zoning district is economically feasible. [Detroit Zoning Ordinance, § 61-4-127(3).]
The BZA can provide relief necessary to resolve an economic hardship due to an ordinance, so long as no other permitted or conditional use is economically feasible. Nothing in Detroit's ordinances prohibits the BZA from granting a use variance in the Grand Boulevard overlay zone, and as stated in Janssen ,
The dissent concludes that the BZA "did not have the authority to grant the [hardship] variance at issue...." In reaching this conclusion, the dissent acknowledges that Detroit Zoning Ordinance, § 61-4-103 governs hardship variances and gives the BZA discretion to grant or deny a landowner "relief." The dissent argues, however, that the variance granted in this case contravenes the "spirit, purpose, and intent of the zoning ordinance" as set forth in Detroit Zoning Ordinance, § 61-4-81, which establishes 10 criteria for variances and administrative adjustments. Specifically, the dissent claims:
[P]ermitting an off-site advertising sign would not merely be a grant of leeway for a technical violation. Rather, it would outright "permit the establishment, within a zoning district, of [a] use which is prohibited within the district[.]" See Detroit Zoning Ordinance, § 61-4-81(8). Consequently, the use variance here could not possibly comport with all 10 criteria mandated by § 61-4-81.
We believe that the dissent's focus on § 61-4-81 is misplaced. While this provision establishes the general standard for any variance, Detroit's Zoning Ordinance also establishes specific standards for variances based *259on "substantial economic hardship." That is the type of variance at issue here. Section 61-4-127, provides "[a]dditional forms of relief" for hardship-relief petitions, expressly granting the BZA power to "adopt any legally available incentive or measure that is reasonably necessary to offset any denial of reasonable economic use," including "[a]llow[ing] the establishment of a prohibited use , provided, that the petitioner demonstrate none of the permitted or Conditional Uses in the zoning district is economically feasible." Detroit Zoning Ordinance, § 61-4-127(3) (emphasis added).
In this case, the BZA did just that. It went through the factors as required under § 61-4-81, found no other permitted or conditional use, and concluded that the overlay would deprive the property of all reasonable economic use. The city council, as Detroit's legislative body, expressly authorized the BZA to grant any request based on hardship in order to effectuate the use of land in a manner that promotes and protects the public health, safety, and general welfare. The BZA recognized that this property has no other reasonable economic use and that denying the variance would perpetuate a hardship caused by Detroit's ordinances. Moreover, preventing any development of property does not promote the general welfare and arguably raises constitutional concerns. See Detroit Zoning Ordinance, § 61-4-102 (applicants must have "a protectable interest in property under the Fifth Amendment to the United States Constitution and under the 1963 Michigan Constitution"). To allow legislation, such as the Grand Boulevard overlay, to deprive a property owner of all use of property would certainly raise concerns under the Fifth Amendment, and Detroit's Zoning Ordinance gave the BZA authority to grant a hardship variance in this case.
*260Lastly, we believe that the dissent's application of the rule of expressio unius est exclusio alterius to interpret the Grand Boulevard overlay under § 61-6-65 is unpersuasive. The last sentence under § 61-6-65 addresses "lawfully existing advertising sign[s]" in the overlay zone, i.e., signs that would be considered nonconforming *317uses, and grants the BZA express power to enlarge or expand such signs pursuant to Detroit Zoning Ordinance, § 61-15-16. Expressly granting the BZA authority to address a nonconforming use in the overlay zone does not, by the dissent's application of expressio unius , preclude the BZA's authority to grant hardship-relief petitions. Moreover, the overlay ban cannot be interpreted as the dissent suggests because MCL 125.3604(7) gives the BZA authority to grant use variances based on unnecessary hardships and §§ 61-4-101 and 61-4-127 authorize the BZA to grant a petitioner "any legally available incentive or measure" involving "any regulations," including the allowance of a prohibited use, when considering a hardship-relief petition. This Court should not apply the rule of expressio unius in order to override a state statute and the City's properly enacted ordinances. The rule "is a tool to ascertain the intent of the Legislature," and it cannot be employed to contradict or vary a clear expression of legislative intent. Luttrell v. Dep't of Corrections ,
IV. HARDSHIP
The next question turns on whether IO was deprived of all reasonable economic use of the property and, therefore, had proven that the ordinance imposed a *261hardship meriting a use variance. We conclude that IO made a sufficient showing of hardship.
To prove hardship, the BZA had to find on the basis of substantial evidence the following: "(1) the property cannot reasonably be used in a manner consistent with existing zoning, (2) the landowner's plight is due to unique circumstances and not to general conditions in the neighborhood that may reflect the unreasonableness of the zoning, (3) a use authorized by the variance will not alter the essential character of a locality, and (4) the hardship is not the result of the applicant's own actions." Janssen ,
The parties do not dispute the BZA's findings as to the first three elements of the hardship test. There was no argument that the small, unusual parcel at issue could be reasonably used in a manner consistent with existing zoning, that the landowner's plight was due to general conditions in the neighborhood reflecting the unreasonableness of the zoning, or that the use variance would alter the essential character of the locality. Instead, the only contention on appeal is whether the hardship was the result of the applicant's own actions. This determination turns on the applicability of the "self-imposed" or "self-created" hardship rule.
The City claims that IO created the hardship it now complains of by purchasing the property with the knowledge that off-site advertising signs were prohibited there. We disagree.
We conclude that a zoning board must deny a variance on the basis of the self-created hardship rule when a landowner or predecessor in title partitions, subdivides, or somehow physically alters the land after the enactment of the applicable zoning ordinance, so as to render it unfit for the uses for which it is zoned. Zoning boards have broad authority to grant variances *262to further the purpose and intent of the zoning code. Therefore, we decline to extend the self-created hardship rule to all instances in which a landowner simply purchases the property with knowledge of an ordinance's applicable restriction.
Our analysis begins with Johnson v. Robinson Twp. ,
The zoning ordinance preceded the division of this property. Thus the plaintiffs' problems were not caused by the township, but were caused by the division. Since, prior to the split, this land was being properly used in conformance with the zoning ordinance, we can see no sense in which the township can be said to have unconstitutionally deprived the plaintiffs of their property rights. On the *263facts of this case, neither can it be said that the Zoning Board of Appeals abused its discretion. [ Id . at 126,359 N.W.2d 526 .]
Stated differently, a landowner is not entitled to a hardship variance if the parcel had a reasonable use under the zoning ordinance and the landowner's subsequent act of splitting the property renders the property unfit for the uses for which it is zoned.
After Johnson , this Court issued a number of decisions applying the self-created hardship rule in different contexts. In Bierman v. Taymouth Twp. ,
*264property "cannot be utilized in its present condition for any of the uses permitted under the ordinance, they have no one to blame but their grandfather."
*319Bierman ,
In Cryderman v. City of Birmingham ,
*265In Janssen , the landowners sought to rezone 100 acres of property from an A-Agricultural Zoning District to an R-1 Single Family Residential Zoning District and to allow the construction of a 250-unit residential development on the property. Janssen ,
Finally, this Court addressed the "self-imposed hardship rule" in Wolverine Commerce, LLC v. Pittsfield Charter Twp. , unpublished per curiam opinion of the Court of Appeals, issued November 20, 2008 (Docket No. 282532), p. 3,
In Wolverine Commerce, LLC v. Pittsfield Charter Twp. ,
In this case, the City claims that IO bought the property knowing full well there was a billboard ban in effect and, therefore, that any hardship was caused by IO's own actions. In contrast, IO and the BZA argue that IO did not physically alter the property in such a way as to create the hardship at issue. Given the *267circumstances in this case, we conclude that the BZA's decision to grant the hardship variance was supported by competent, substantial, and material evidence in the record. There is no evidence in the record that IO did anything but purchase the property, and as the circuit court aptly explained, a landowner may seek any variance the law permits and should not be limited just because they purchased the piece of property knowing the City's ordinances barred a particular use. Indeed, this is a similar business risk to that the plaintiff in Wolverine I and Wolverine II took when he purchased land zoned industrially with the hope that he could later get the property rezoned. Unlike Johnson , Bierman , Cryderman , and Janssen , the hardship here was not caused by the landowner's actions. IO simply purchased the property at a time when there was no permitted reasonable use and took a business risk that the BZA would grant a variance to erect the billboard in the overlay zone.
Importantly, there was no evidence in the record that suggests a previous title owner partitioned the property at all. In fact, the only reference to the parcel's history suggests that it has had the same unique shape and size since well before the 1999 ordinance was enacted. Counsel for IO represented to the BZA that he had researched as far back as the 1950s and could not determine how the property came to be in its current state. Thus, unlike the partition cases of Johnson and Cryderman , in which the zoning ordinance was clearly in existence before the landowner created his own hardship, what little we know about the history of this parcel suggests that its unique shape was not "rendered unadaptable to any reasonable use" until the ordinance was enacted in 1999. As stated in Wolverine II , the self-imposed hardship rule precluded relief when the property *268owner "subdivided or physically altered the land so as to render it unfit for the uses for which it is zoned...." *321Wolverine II ,
The BZA did not abuse its discretion when it concluded that the self-imposed hardship rule was inapplicable under these circumstances and then granted the variance. There is no evidence that the property owner or the predecessor in title took actions after the enactment of the overlay zone that in some way physically altered the land so as to render it unfit for the use for which it is zoned. Wolverine II ,
As a final point, the dissent concludes that IO created its hardship when it purchased the property with knowledge of the overlay. As support, the dissent cites a Michigan Supreme Court case and claims that "a purchaser's foreknowledge of a zoning ordinance may be highly relevant, depending on whether the zoning ordinance is otherwise reasonable and the egregiousness of the purchaser's intended violation of that ordinance." See Jones v. De Vries ,
*269In Jones , our Supreme Court addressed whether the zoning board violated a Grand Rapids hardship relief ordinance when it granted the defendant's request for a variance to build an apartment complex in an area zoned for residential use. Jones ,
The dissent also cites Faucher v. Grosse Ile Twp. Bldg. Inspector ,
Affirmed.
Tukel, J., concurred with Cameron, P.J.
All citations of the Detroit Zoning Ordinance are to the versions of the relevant sections as codified on May 28, 2005, as shown in the August 11, 2016 version of the ordinance, available at < < https://perma.cc/BA45-6K6A>>.
IO also requested a dimensional variance for the height of the proposed billboard. Eventually, IO agreed to lower the height of the billboard so that it complied with Detroit's height requirements. The City raises no claim related to the site plan of the proposed billboard.
The City did not include IO in its pleadings on appeal in the circuit court. After the appeal was filed, IO filed a motion to intervene, and the court granted the motion.
The Detroit Zoning Ordinance is Chapter 61 of the 1984 Detroit City Code. References in the Detroit Zoning Ordinance to "this Code" are to the 1984 Detroit City Code. Detroit Zoning Ordinance, § 61-1-1.
This Court is not bound by its opinions issued before November 1, 1990. MCR 7.215(J)(1). However, earlier Court of Appeals cases may nonetheless be persuasive authority. DC Mex Holdings LLC v. Affordable Land LLC ,
The City urges this Court to adopt the rule set forth in Massasauga Rattlesnake Ranch, Inc. v. Hartford Twp. Bd. of Zoning Appeals , unpublished opinion of the Court of Appeals of Ohio, issued March 26, 2012 (Docket Nos. 2011-T-0060 and 2001-T-0061),
Dissenting Opinion
I respectfully dissent. On the facts and circumstances of this case, the city of Detroit Board of Zoning Appeals (the BZA) did not have the authority to grant the specific variance at issue, and International Outdoor (IO) was not entitled to that variance. I would find in favor of the city of Detroit (the City) and reverse.
I. FACTUAL BACKGROUND
In 2011, IO purchased a small parcel of property adjacent to an expressway in the City, measuring *271approximately 5,520 square feet, for $ 5,000. At the time of the purchase, the parcel was subject to the City's zoning ordinance banning "off-site" advertising
II. STANDARD OF REVIEW
"[T]here is no single standard of review that applies in zoning cases." Macenas v. Michiana ,
III. PERMISSIBILITY UNDER THE ORDINANCE
The Michigan Zoning Enabling Act (the ZEA), MCL 125.3101 et seq ., allows municipalities such as the City to adopt zoning ordinance provisions under which use variances can be granted. MCL 125.3604(11). However, in granting such use variances, "the spirit of the zoning ordinance" must be "observed." MCL 125.3604(7). Consistently with the ZEA, the City's zoning ordinance establishes that the BZA is empowered to "perform its duties and exercise its powers as provided for by law in such a way that the purpose and intent of this Zoning Ordinance shall be observed, public safety secured, and substantial justice done." Detroit Zoning Ordinance § 61-2-41. The ordinance provides for use variances pursuant to its hardship-relief petition procedure. Detroit Zoning Ordinance § 61-4-101. Under that procedure, if a property owner establishes a "hardship," defined as "a denial of all reasonable economic use of the property," the BZA "may provide the petitioner with relief from applicable zoning regulations." Detroit Zoning Ordinance § 61-4-103 (emphasis added). Any such grant is therefore permissive and discretionary. The hardship-relief procedure does not provide any guidance for exercising that discretion. However, several guides to and restrictions on the BZA's discretion are found elsewhere in the ordinance.
Importantly, a hardship is unambiguously not the only mandatory prerequisite for granting a use variance. Division 6 of the Detroit Zoning Ordinance addresses variances and administrative adjustments and *273explicitly provides that variances must comport with all 10 enumerated criteria for approval. Detroit Zoning Ordinance, § 61-4-81. One criterion is that "[t]he requested variance or administrative adjustment is consistent with the Master Plan and the spirit, purpose, and intent of this Zoning Ordinance[.]" Detroit Zoning Ordinance, § 61-4-81(1). Another is that "[t]he variance or administrative adjustment shall not permit the establishment, within a zoning district, of any use which is prohibited within the district[.]" Detroit Zoning Ordinance, § 61-4-81(8). These requirements are consistent with the statutory mandate that use variances must comport with "the spirit of the zoning ordinance." MCL 125.3604(7). Indeed, MCL 125.3604(7) explicitly permits use variances only when a hardship is "in the way of carrying out the strict letter of the zoning ordinance...." (Emphasis added). Consequently, although "[a] land use variance essentially is a license to use property in a way not permitted under an ordinance," such variances must not functionally effectuate a rezoning. Paragon Properties Co. v. Novi ,
Under the City's zoning ordinance, "overlay zones" are geographic subregions with their own special rules above and beyond the regulations otherwise applicable to any given zoning classification. The Grand Boulevard overlay zone at issue only has three such special rules. See Detroit Zoning Ordinance § 61-11-332. One of those rules prohibits certain advertising signs, as set forth in § 61-6-65. Detroit *324Zoning Ordinance, § 61-11-332(b).
*274It shall be unlawful to construct, erect, paint, fasten, or affix any new advertising sign, whether billboard or painted wall graphic, on any zoning lot abutting or within the area bounded by East Grand Boulevard, the Detroit River, and West Grand Boulevard. This prohibition in no way limits the right to periodically alter the advertising display on billboards approved for "changeable copy" or to repaint the display on duly licensed painted wall graphics. No lawfully existing advertising sign within said area shall be enlarged or expanded, except upon approval of the Board of Zoning Appeals as provided for in Sec. 61-15-16 of this Code.
Critically, this provision expressly authorizes the BZA to approve an enlargement or expansion of lawfully existing signage, while simultaneously setting forth an absolute prohibition against new signage. The doctrine of expressio unius est exclusio alterius has long been recognized in this state: that "the expression of one thing suggests the exclusion of all others." People v. Wilson ,
In addition, the BZA is independently precluded by § 61-4-81 from granting the use variance at issue. As noted, the off-site advertising prohibition is one of only three special rules established for the Grand Boulevard *275overlay zone. This strongly suggests that the signage prohibition is of great importance to "the spirit, purpose, and intent" of the zoning ordinance. See Detroit Zoning Ordinance § 61-4-81(1). Consequently, permitting an off-site advertising sign would not merely be a grant of leeway for a technical violation. Rather, it would outright "permit the establishment, within a zoning district, of [a] use which is prohibited within the district[.]" See Detroit Zoning Ordinance, § 61-4-81(8). Consequently, the use variance here could not possibly comport with all 10 the criteria mandated by § 61-4-81.
I respectfully believe the majority assembles the ordinance and the zoning enabling statute in the wrong order. Under MCL 125.3604(7), the power given to municipalities to grant use variances based on unnecessary hardships is expressly restricted , not absolute. The statutory mandate to observe "the spirit of the zoning ordinance" is mirrored by § 61-4-81(1). Because § 61-4-101 establishes that a hardship relief petition is the City's vehicle for granting use variances, § 61-4-81 must apply above and beyond merely finding a hardship. Otherwise, § 61-4-81, which establishes requirements for variances, would be nugatory, an outcome we must avoid. People v. Burns ,
IV. SELF-IMPOSED HARDSHIP
Caselaw has established a legal doctrine known as the "self-imposed hardship rule," which "applies to preclude relief in taking claims asserted by a property owner who has subdivided or physically altered the land so as to render it unfit for the uses for which it is zoned...." Wolverine Commerce, LLC v. Pittsfield Charter Twp. ,
Generally, "a plaintiff who purchases property with knowledge of existing zoning regulations takes the property along with the seller's legal right to challenge those regulations." Wolverine ,
I agree with the City that IO created its own hardship here. Therefore, IO was not entitled to receive its requested use variance.
V. CONCLUSION
For all of the above reasons listed in this opinion, the BZA was not empowered to grant the use variance permitting IO to install a billboard on the property, and IO was not entitled to any such use variance. I would reverse.
At oral argument, it was explained that billboards were the "epitome" of "off-site" advertising. In contrast, a business placing a sign for itself on its own premises would be considered permissible "on-site" advertising.
Two of the rules are irrelevant: one addresses lofts, and the other addresses certain driveways.
In Williams , the Court cautioned that the doctrine may not be used to "do[ ] manifest violence to the plain intent of the framers of the law...." Williams ,
The majority notes that the parties do not dispute whether the billboard will alter the essential character of the locality. Whether or not that is true, a party "is entitled to the benefit of testimony in support of a verdict in [its] favor despite [its] expression of an opinion inconsistent therewith." Ortega v. Lenderink ,
I respectfully believe the majority misconstrues the intended significance of these cases. As the majority notes, in neither was the "self-imposed hardship rule" expressly discussed, and the purchasers' foreknowledge of the zoning ordinances proved not to be outcome-determinative. Nonetheless, our Supreme Court stated that "[a]s bearing upon whether [the purchasers] are in a 'plight' caused by restrictions in the zoning ordinance, it is somewhat important to note that [the purchasers] purchased their interest in this parcel ... with full knowledge of this zoning ordinance which was previously adopted." Jones ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.