The appeals court also found the evidence was insufficient to demonstrate he used the property as a bed and breakfast because “intent is not operating.”
The court’s ruling is not a 100 percent vindication for Powlette.
It dismissed three of his claims including that he was denied due process, that the zoning code was “vague” and that the trial court abused its discretion by finding that Miami Twp. could regulate his having a bed and breakfast because his activity was agritourism not subject to local regulation.
Powlette, who builds houses for a living, told this news outlet Monday that he was happy with the ruling and that the township’s planner, Alex Carlson, “swore out an affidavit I was running a bed and breakfast with absolutely no evidence.”
He said he plans on filing a suit against against Miami Twp., Carlson, and the trustees for malicious prosecution, defamation, slander, libel, mental anguish and possibly more.
Administrator Ron Hess said the township had no comment pending a review of the decision.