Does the public have access righ...
While some factors may change the outcome, the answer is generally no. In fact, “[n]o Michigan decision has ever held that a dedication of...
Read MoreOur Feed
We are involved in our communities, our profession, and our clients' associations and activities.
The township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. Can the individual vote on both boards on the same issue?
The Township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. When a project comes before both, can the individual vote on both boards on the same issue or should they recuse themselves for one or the other? Is it a conflict of interest?
The Michigan Zoning Enabling Act (MCL 125.3101 et seq.) clearly instructs that when a member of the Township’s Planning Commission also sits on the Township’s Zoning Board of Appeals that person “shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of . . . the planning commission.” MCL 125.3601(13). Therefore, no, that person cannot vote on issues as a member of the planning commission and as a member of the Zoning Board of Appeals. The statute does provide, however, that “the member may consider and vote on other unrelated matters involving the same property.” Id.
Recent Articles & Announcements
-
-
The Road Ends, But Do the Ripari...
Michigan has approximately 11,000 inland lakes and more freshwater shoreline than any other state in the country, so the odds of your munici...
Read More -
Does the Brownfield Redevelopmen...
Yes, the 2023 amendments to the Brownfield Redevelopment Financing Act broadened the definitions of “eligible activities” and “eligibl...
Read More
Talk to an Attorney
Request a ConsultationAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.
