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Nestlé Waters North America, Inc. v. Osceola, Township of

ELR Citation: 49 ELR 20192
Nos. 341881, (Mich. Ct. App., 12/03/2019)

In an unpublished opinion, a state appellate court reversed a lower court decision that ordered a Michigan township to issue a zoning permit to a food and beverage company to construct a well pumping station on agricultural land. The lower court had concluded that the company's proposed pumping station qualified as an "essential public service" under the township's zoning ordinance because water was essential and the company's commercial bottling operation supplied a public demand, and thus reversed the zoning board's decision to refuse the company's permit request. The appellate court disagreed, finding the lower court erred in effectively concluding that because water was essential, water in any form, manner, or context was necessarily an essential public service. It therefore reversed the lower court's order.