12th Circuit Court Issue Opinion in Kamin V City of Houghton

The Honorable Charles Goodman ruled in favor of the City of Houghton this morning. Releasing the court’s opinion on the city’s planning commission’s approval of a site plan for a new KFC restaurant in Houghton. Daniel Kamin filed a suit against the city believing that the planning commission did not follow proper procedure, by not taking into account a 1993 easement. Which would be at the future location of the KFC near Tadych Foods and Evangel Church. Goodman’s decision cited the 1985 case of Livonia v Department of Social Services, stating that “a privately granted easement is constitutional in nature. Municipal zoning ordiances and municipal zoning decisions are not designed or intended to define of determine a parties. Rights and/or duties which may arise as a result of a private contractual agreement. Zoning laws determine the obligations of property owners to the community at large…they are separate obligations, both of which may be enforceable.” Essentially affirming the city’s planning commission in the case, as the issue of the easement is between two private parties, and the planning commission followed the proper process of analyzing the site plan. Kamin will need to file a complaint with another party to resolve the issue.