HomeMy WebLinkAboutAgendas/Packets - 1970.10.27 - 39513OAKLAND COUNTY CORPORATION COUNSEL
OAKLAND COUNTY COURT HOUSE
1200 NORTH TELEGRAPH ROAD
PONTIAC, MICHIGAN 48053
338-4751
ROBERT P. ALLEN
CORPORATION COUNSEL
HAYWARD WHITLOCK October 27, 1970
ASSISTANT
Mr. Kenneth VanNatta, Director
Parks and Recreation Commission
2800 Watkins Lake Road
Pontiac, Michigan
Dear Mr. VanNatta:
You have requested my opinion on the following question:
ARMAND P. DEATRICK
ASSISTANT
JOHN L. GRUBBA
ASSISTANT
11Is the County Parks and Recreation Commission, when pur-
chasing property for a County Park, subject to the local
zoning ordinance"?
As you know, the County Parks and Recreation Commission is an agency
of the County created pursuant to the provisions of Act 261 of the
Public Acts of 1965, as amended, and would therefore be bound by
local zoning ordinances only if the County itself were bound.
The Michigan Supreme Court has never answered conclusively the ques-
tion of whether one municipality is bound by the zoning ordinance of
another. They have held, in certain instances, that a municipality
was bound by the zoning of another municipality, and in other cases
they have held they were not.
The various cases discussed by the Michigan Courts and the text
writers seem to distinguish as to whether the proposed use by the
municipality is to be a governmental function or a proprietary
function. If it is intended to be used in a proprietary function,
the Court has held that the municipality is subject to the local
zoning of another municipality. If the intended use is for a
governmental function, the Court has held the municipality would not
be bound by the local zoning. Thus, the question would appear to
turn on whether the County Parks and Recreation Commission, in ac-
quiring and operating parks and recreational areas is in fact exercising
its power in a proprietary or governmental function.
OAKLAND COUNTY CORPORATION COUNSEL
Mr. VanNatta
Page -2-
10-27-70
I am of the opinion that if this question were presented to the
Michigan Courts insofar as parks and recreation properties are
concerned, the Courts would hold that such actions are an exercise
of a governmental function and would not be bound by the local
zoning.
Trusting the foregoing answers your inquiry, I am
Very truly yours,
RPA:ck Robert P. Allen