Opinion
SC 164261 COA 355715
06-02-2023
PEGASUS WIND, LLC, Plaintiff-Appellee, v. TUSCOLA COUNTY, Defendant-Appellee, and TUSCOLA AREA AIRPORT ZONING BOARD OF APPEALS, Intervenor-Appellant.
Tuscola CC: 20-031066-AA
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
On order of the Court, the application for leave to appeal the February 24, 2022 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing whether the Court of Appeals erred in holding that: (1) the requirement of showing unique circumstances inherent in the property is only an element of unnecessary hardship, and not an element of practical difficulty; (2) the self-created hardship rule only applies when the applicant has partitioned, subdivided, or physically altered the property; and (3) the appellant's decision was not supported by competent, material, and substantial evidence.
Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.