AFFIDAVIT


Affiant, having been duly sworn, states as follows:


  1. That he has reviewed the two Powell Township zoning maps referred to in the Plaintiff’s amended complaint.


  1. That the zoning map utilized by the Powell Township ZBA in its October 15, 2005 map interpretation, had no legend, signatures or dates, it depicted only 7 of the township’s 10 zoning districts, and that it appeared to show coloring of the LS/R district that was done by two different techniques.


  1. That the copied, original township zoning map (a/k/a the Eric Brandon map) has a legend, depicts the 10 zoning districts, is dated February and August of 1994, and is signed by former township Planning Commission secretary, Eric Brandon.


  1. That efforts were made to advise and persuade the ZBA and the Planning Commission to utilize the Eric Brandon map as the official township zoning map in those bodies’ respective hearings, but that such efforts failed, and the other map was used.


  1. That affiant observed the Supervisor/Zoning Administrator and the township assessor leaving a closed room with the three ZBA members following a recess of the ZBA map interpretation meeting, after which a previously failed motion was passed unanimously to interpret the township’s zoning district in the area here in issue.


  1. That affiant made an independent calculation of the area sought to be rezoned for the Lighthouse III, Inc. condominium proposal which was found to be approximately 3.8 acres, versus the representation by the rezoning petitioners of an area less than one acre.


  1. And that use of the zoning map utilized by the ZBA in its map interpretation instead of the Eric Brandon zoning map resulted in a difference of approximately 1,345 feet as measured along the shoreline in the LS/R district in the area here in issue.


  1. That affiant is a licensed surveyor with more than 15 years of experience in township zoning and planning who has analyzed Powell Township zoning and planning materials here in issue.


Further affiant sayeth not.



_____________________________

Alan K. Pierce, L.L.S


STATE OF MICHIGAN )

)ss

COUNTY OF MARQUETTE )


On _________________, 2006, before me, a Notary Public, personally appeared ALAN K. PIERCE, being the same person described in and who has executed the within instrument, who has acknowledged the same to be his free act and deed.



______________________________

,Notary Public

Marquette County, MI

My Commission Expires:

Acting in Marquette County