Zoning and Land Use

Zoning and land use approvals often determine whether a project moves forward, stalls, or becomes mired in controversy. In Michigan and across the Midwest, increasingly complex ordinances, heightened public scrutiny, and organized opposition mean that land use approvals for significant projects are rarely routine.

We help clients plan, position, and secure land use approvals for complex and high‑stakes developments. Our role is practical and outcome‑focused. We identify regulatory risks early, shape an approvals strategy that aligns with the project’s business objectives, and guide clients through administrative, political, and legal processes with an eye toward protecting both timing and capital.

Our zoning and land use work is closely integrated with our real estate, environmental, regulatory, energy, economic development, and litigation capabilities, allowing us to support projects from initial site evaluation through development and, when necessary, through appeals and litigation.

A Focus on High‑Impact Developments

The profile of zoning and land use matters has changed. Capital‑intensive developments such as data centers, renewable energy facilities, and large‑scale redevelopment projects face intense scrutiny from municipalities, regulators, utilities, and local communities. These projects often require coordinated approvals across multiple jurisdictions and carry a meaningful risk of challenge.

We work with developers, owners, investors, and operators on projects that demand a disciplined legal strategy and a steady presence at the local, regional, and state levels.

Data Centers and Technology‑Driven Development

Data centers are now among the most visible and scrutinized land uses in many communities. These projects raise issues around zoning compatibility, infrastructure capacity, public utilities, environmental permitting, and economic development incentives. They also attract organized community attention and political interest.

We advise clients throughout the data center lifecycle, including:

• Zoning compliance, rezoning, special land use approvals, variances, and site plan approvals
• Strategic engagement with planning commissions, city councils, and other decision‑making bodies
• Coordination with public utilities on power, water, and infrastructure considerations
• Navigating state and local regulatory frameworks applicable to large technology facilities
• Managing community and governmental stakeholder considerations tied to scale, intensity of use, and long‑term impact
• Land use litigation and appellate matters when approvals are denied or challenged

Our work on data center projects is cross‑disciplinary by design. We regularly collaborate across zoning and land use, real estate, environmental and utilities, regulatory, incentives, supply chain, and litigation teams to support projects that require more than a single‑discipline approach.

Adaptive Reuse and Facility Conversions

We also assist clients with the conversion of existing facilities, including EV and industrial properties, to data center use. These projects often present unique zoning, nonconformity, and infrastructure issues that require careful legal and regulatory planning before capital is deployed.

Renewable Energy and Energy Infrastructure

Renewable energy and energy storage projects present distinct land use challenges, particularly in communities facing new or unfamiliar uses. Zoning frameworks are often outdated, approval processes are highly discretionary, and public opposition can be significant.

We represent clients in connection with:

• Solar, wind, and battery energy storage facilities
• Fleet charging and energy infrastructure projects
• Amendments to land use approvals necessitated by evolving project design or technology
• Site selection and feasibility analysis from a land use perspective
• Public hearings and approval processes involving heightened community engagement

Our approach balances regulatory compliance with practical strategies designed to address local concerns while preserving project viability.

Controversial and High‑Opposition Land Use Approvals

Many of today’s major projects trigger organized opposition, protest petitions, and political pressure. Zoning and land use approvals increasingly resemble formal legal proceedings rather than administrative reviews.

We help clients:

• Prepare for and manage adversarial planning commission and council hearings
• Structure approval strategies designed to withstand legal challenge
• Address referendum risk and procedural issues
• Defend approvals in court or challenge unlawful denials

Litigation is not the starting point for most projects, but when approvals are denied or challenged, we are prepared to step seamlessly into court.

How We Support Projects at Every Stage

Rather than isolating zoning and land use as a narrow function, we support projects across the development timeline.

Pre‑Acquisition Planning

Before land is acquired, we assess zoning and land use regulations to identify barriers that could affect development, financing, or timing. We help clients evaluate whether a site can support their intended use and, when appropriate, assist with structuring purchase agreements to address regulatory risk.

Approval Strategy and Agency Engagement

We work with clients to design a clear and defensible approvals strategy. This includes determining the appropriate regulatory pathway, sequencing approvals, and communicating effectively with municipalities, regulatory agencies, and community stakeholders.

Economic Development and Incentives Coordination

For projects with broader economic impact, we coordinate land use approvals with available economic development incentives at the local, state, and federal levels. Our team regularly works alongside clients to align zoning outcomes with incentive strategies.

Litigation and Appeals

When disputes arise, we represent clients in zoning and land use litigation involving denials, conditions of approval, referendum challenges, and condemnation‑related issues. Our litigation capability is integrated into the overall land use strategy rather than treated as an afterthought.

A Practical Approach to an Increasingly Regulated Environment

Zoning and land use approvals now sit at the intersection of law, politics, infrastructure, and public perception. In a highly regulated state, the margin for error is small and the consequences of delay or denial can be significant.

Our role is to help clients navigate that environment with clarity, consistency, and a strategy grounded in how approvals actually work on the ground.

• Acted as special counsel to the City of Detroit for several major urban redevelopment projects, including the Poletown Project, which involved the acquisition of numerous land parcels and their assembly for development of a major General Motors Corporation facility and subsequent litigation, which resulted in an important Michigan Supreme Court decision that held that the acquisitions were taken under eminent domain for a public purpose; Poletown Neighborhood Council v. City of Detroit, 410 Mich. 616; 304 N.W.2d 455 (1981)
• Worked with a suburban township, Auburn Hills, on behalf of a major developer to create a development plan, zoning, tax incentives, and fiscal mechanisms that resulted in the incorporation of the township as a city and the development of the Oakland Technology Park, the keystone of Southeast Michigan’s entry into the high-tech industry
• Drafted legislation enacted by the Michigan Legislature that became a substantial factor in development incentive packages provided by the State of Michigan
• Represented the City of Auburn Hills and defeated the challenge when a legal challenge attacked the validity of the tax-abatement portion of the development of a Michigan law
• Advised the City of St. Clair Shores, Michigan, on land acquisitions for its lakefront development, assisting with redrafting the city’s master plan and zoning ordinance; prepared a lakefront development plan; and assisted the city with creating the mechanisms for tax increment financing and other devices to promote the development
• Obtained a 1988 advisory opinion that upheld the validity of tax increment financing in representing St. Clair Shores before the Supreme Court of Michigan
• Worked with Battle Creek Township and the City of Battle Creek on behalf of a developer to create the zoning, tax incentive, and fiscal mechanisms that facilitated the development of a major regional shopping center that helped revitalize the city’s downtown
• Assisted with Battle Creek Township, the City of Battle Creek, and a citizen’s group in a merger campaign that resulted in voter approval of the merger of Battle Creek Township into the City of Battle Creek

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