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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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:
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.