Is a local ordinance valid if it...
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
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No. The Michigan Planning Enabling Act, Act 33 of 2008, MCL 125.3801 et seq. allows municipalities to create planning commissions. Among other things, planning commissions make zoning decisions and help prepare master plans. Section 15 of the Planning Enabling Act prohibits township employees from working for a township and serving on its planning commission. MCL 125.3815(5). In contrast, the Planning Enabling Act allows city or village managers (or their designees) to serve as members of their city or village planning commission. Id. Thus, a township may not appoint a current employee (including zoning administrators) to serve on its planning commission.
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
Read MoreThe First Amendment limits how Michigan municipalities and townships may regulate private speech, but it does not limit their own speech. Th...
Read MoreIn the private sector, the First Amendment does not apply. However, in the public sector, employees have First Amendment rights that may pro...
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