HOUGHTON — The Houghton County Circuit Court upheld the Houghton Planning Commission’s site plan approval for a proposed Kentucky Fried Chicken after a suit from a neighboring property owner.

Daniel G. Kamin Houghton, LLC, the owner of the property occupied by Tadych’s Marketplace, had argued the use of the site infringed on its rights. In July, the Planning Commission approved a site plan submitted by Cool Investments, LLL for a KFC franchise. The proposed restaurant would be located near the south entrance to the parking lots for Tadych’s and Evangel Baptist Church.

Kamin argued the site plan impedes and interferes with the benefits given to it through a 1993 cross-easement agreement between two former site owners: ShopKo, which previously operated in the Evangel site, and Ironwood Oil, which previously held title to Tadych’s. The easement governs vehicle and pedestrian traffic across the sites.

During the July planning commission meeting, Kamin attorney Daniel Mead argued the impediment came from curbing that would be built around the KFC. Commission members argued the curbing would aid the “harmonious use” of the property, which would otherwise see more danger from unrestricted traffic.

Kamin also argued the commission should not have approved the site plan, since it made no mention of the 1993 easement. But that wasn’t required, Judge Charles Goodman said in his ruling.

While easements “serving the site” must be identified in a site plan, nothing in the record indicates the cross-property easement serves the KFC site, Goodman said. And the commission is not required to consider private contracts or the proposals’ impact on them when reviewing the site plan, Goodman said.

“Zoning laws determine the obligations of property owners to the community at large,” Goodman wrote. “Zoning laws do not determine the rights and obligations of a party to a private contract. They are separate obligations, both of which may be enforceable.”