BERRIEN COUNTY CIRCUIT COURT UPHOLDS COLOMA TOWNSHIP’S DETERMINATION THAT THE COUNTY’S LAND USE VIOLATED THE TOWNSHIP’S ORDINANCE

Posted December 19, 2013, 12:44 PM.

Coloma Township amended its zoning ordinance to provide for outdoor police training facilities, and adopted a moratorium on such facilities, while it worked on developing specific regulations. In the meantime, the Berrien County Sheriff’s Department commenced shooting at an outdoor facility it constructed, claiming that it did not need to obtain a special use permit to operate the facility. Although the Township ordered the gun range closed, the County reopened it without permission to do so. The County appealed to the Township’s Zoning Board of Appeals, which determined that because the facility operated as a gun club, a special use permit was required. The County appealed this determination to the Berrien County Circuit Court, which upheld the ZBA’s determination in its entirety. Coloma Township was represented by McGraw Morris P.C. attorney Craig R. Noland. Click here to read the court’s opinion and order.