What notice requirements apply t...
There are various statutes that allow townships to fund improvements (e.g., road projects, fire protection services, among others) by specia...
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No. The Supervisor does not have this authority. MCL 125.3815(9) states that “the legislative body may remove a member of the planning commission . . . .” The Township Supervisor is not the “legislative body.” Rather, MCL 125.3803(e) defines the Township Board as the legislative body of the township. As such, only the Township Board may remove a member of the Planning Commission.
The Michigan Planning Enabling Act does allow the Supervisor to appoint the members of the Planning Commission, but this power is subject to approval by a majority vote of the members of the Township Board elected and serving. See MCL 125.3815(1).
MCL 125.3815(9) also states that removal of a Planning Commission member must be done for misfeasance, malfeasance, or nonfeasance in office, brought by written charges and after a public hearing. In other words, the Board must have some legitimate, non-arbitrary reason for the removal of a Commissioner. That Commissioner also must be given a notice and a public hearing, at which the reasons for termination will be discussed, and at which the Commissioner will have an opportunity to be heard. Assuming cause is legitimate, and the Commissioner had an opportunity to be heard, the Board may then proceed to remove him or her. This assumes that all requirements of the ordinance establishing the Planning Commission, the Bylaws of the Planning Commission, and any other applicable policies have been met.
There are various statutes that allow townships to fund improvements (e.g., road projects, fire protection services, among others) by specia...
Read MoreThe United States Supreme Court issued a unanimous decision on March 15, 2024, in Lindke v Freed, ___US___, 2024 U.S. LEXIS 1214 (2024). Thi...
Read MoreIn this month’s E-Letter we will discuss land use approvals with conditions, including the basics, when imposing conditions on land use ap...
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.