Boice v. Village of Ottawa Hills

Plaintiffs purchased a 33,000-square-foot residential lot in 1974 that was adjacent to another lot owned by Plaintiffs upon which they had built their residence. In 2004, the village of Ottowa Hills denied Plaintiffs’ request for a variance seeking to have the vacant lot declared a “buildable” lot because the zoning code at that time included a requirement that no structure could be built on a lot smaller than 35,000 square feet. This new size restriction was enacted in 1978. At the time Plaintiffs purchased the lot, the minimum buildable lot size was 15,000 square feet. Plaintiffs unsuccessfully appealed the village’s decision to the Ottawa Hills Zoning Commission. The trial court upheld the Commission’s decision, concluding that there was no regulatory taking. The court of appeals reversed. On remand, the trial court determined that a taking had not occurred because Plaintiffs had not taken any affirmative steps to build a house on the lot. The court of appeals affirmed. The Supreme Court reversed, holding that under the analysis that is applicable to determining whether a variance should have been granted in this case, the appropriate result would have been to grant the variance. Remanded.

Boice v. Village of Ottawa Hills