Zoning Litigation – Enforcemen...
Introduction As we have explained at length in prior E-Letters, the enforcement of zoning violations is often best accomplished through the ...
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This is a great question! The Michigan Zoning Enabling Act (MZEA) and Michigan Planning Enabling Act (MPEA) both specify that a conflict of interest will require a Commission member to abstain from voting on a matter. See e.g. MCL 125.3601(7) (stating that a member of a Zoning Board of Appeal may be removed for malfeasance for failing to recuse themselves where they have a conflict of interest); MCL 125.3815(9) (stating a member of a Planning Commission may be removed for malfeasance for failing to recuse themselves where they have a conflict of interest). Even so, neither act defines what specific circumstances constitute a “conflict of interest.”
Since conflicts of interest are not set forth in the MZEA or the MPEA, we generally recommend that the Township Planning Commission defines its own conflicts of interest within its bylaws. This will allow guidance to commission members as to the specific circumstances that create a conflict and require abstention. The Michigan Townships Association has model bylaws that can be a great resource in considering the adoption of bylaws. Examples of typical conflicts of interest that are defined include the following:
Introduction As we have explained at length in prior E-Letters, the enforcement of zoning violations is often best accomplished through the ...
Read MoreYes. MCL 15.235(2) lists the options for responding when in receipt of a request made under the FOIA. The FOIA permits a public body to resp...
Read MoreWe have discussed the Freedom of Information Act (the “FOIA”), Act 442 of 1976, MCL 15.231 et seq., before in other e-letters, including...
Read MoreAt 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.