Shelby Charter Township v. Papesh

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that “it is unclear from this record whether the site selection GAAMPs even apply to defendants. Site selection GAAMPs were promulgated in 2000 and only apply to new and expanding farms.”
• observing that “it is unclear from this record whether the site selection GAAMPs even apply to defendants. Site selection GAAMPs were promulgated in 2000 and only apply to new and expanding farms.”
• noting that a party could establish a “meritorious defense” under the RTFA
• interpreting the RTFA to protect only “commercial” farms and farm operations, which requires “producing or manufacturing an item intended to be marketed and sold at a profit”
• “A direct conflict exists when the ordinance permits what the statute prohibits or the ordinance prohibits what the statute permits.”
• “We decline to extend the general rule against contradicting deposition testimony with an affidavit in the summary disposition context to prevent a party from contradicting statements that were not made under oath or as part of legal proceedings.”

Source: CourtListener parenthetical corpus (CC0).