Does the Board have to respond t...
No, this is generally something that is up to the Board’s discretion. Michigan’s Open Meetings Act (OMA) only requires that memb...
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. 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?
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.
Author
Recent Articles & Announcements
-
-
Prosecutorial Discretion vs Sele...
A common question we get from our clients is whether a township has an obligation to enforce its ordinances. This can be an especially hot t...
Read More -
Spring Cleaning Your Employee Ha...
Is your employee handbook a legal lifeline, a liability labyrinth, or do you operate with no handbook at all? An outdated handbook is like a...
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.
