Featured Case

Zoning ordinance whittles Scout's camp plans

Chicago Area Council, Inc., Boy Scouts of America v. Blue Lake Township

Contact: R.S. Radford

Status: Amicus brief filed February, 2009. Awaiting decision.

Summary: The Chicago Area Council of the Boy Scouts runs the Owasippe Scout Reservation, in Blue Lake Township, Michigan, where they have invested more than $20 million in property and improvements over the years. Due to the costs of maintenance and upgrades and declining attendance, however, the Scouts are struggling to keep the Reservation open.

Consequently, the Scouts sought to sell part of the Reservation, which is about ten times larger than typical Boy Scout camps. They looked for conservation groups and neighboring camps to buy the property, but did not find willing buyers. Finally, the Scouts received an offer from a residential home developer.

In October, 2002, the local newspaper published an article that explained how the Scouts were trying to sell the property. That same month, the Township Planning Commission recommended a new zoning ordinance, which limited the property to one use—the operation of a youth camp. In making this recommendation, the Planning Commission conducted no studies or analysis of what the impact of residential development would be on the environment, Township infrastructure, or open space. Indeed, one official’s admitted goal was to prevent the Scouts from selling any part of the property for residential use. In December, 2002, the Township Board adopted the new zoning ordinance.

The restrictive zoning ordinance limited the Scouts’ property to one, money-losing use. The restrictive zoning ordinance has further prevented the Scouts from selling any part of the property to anyone. As a result, the property’s fair market value fell at least 84%.

Accordingly, the Scouts sued the Township, alleging an inverse condemnation claim and violations of due process and equal protection. The trial court ruled against the Scouts, holding that no taking occurred because the property, as presently zoned, still has substantial economic value.

The case is now on appeal, and PLF has filed an amicus brief is support of the Scouts.