While land development projects begin with local planning or zoning boards, they can at times end up in circuit court.
The Michigan Zoning Enabling Act, MCL 125.3101 et. seq. (“MZEA”), provides circuit courts the authority to review decisions of any zoning board of appeals or local unit of government. Michigan’s Constitution echoes the same under Article VI, which states more broadly that all final decisions, findings, rulings, and orders of any administrative officer or agency, are subject to review by the courts.
Depending on the land development project and decisions rendered at the local level, an interested party must consider the legal bases to bring a case in circuit court. Local ordinances and the MZEA provide regulations on land use and zoning, inclusive of the approval process for development projects. As such, legal claims can arise from procedural violations alleged against the local government unit or based on substantive zoning violations under local ordinance and/or state law.
Beyond the claims to bring in court, there are other requirements a party must satisfy in order to dispute a land use or zoning decision in circuit court.
First, there must be an actual decision rendered by the local zoning board of appeals, or relevant municipal body. Generally, land development projects require some form of municipal approval following an application process. This municipal approval may involve multiple steps or more than one local government agency to render a decision on a project. However, once a final decision is made by the zoning board of appeals, an applicant or appropriate interested party may appeal that decision to circuit court.
Secondly, under the MZEA, there are critical deadlines provided in appealing decisions to circuit court. Depending on how the local zoning board issues its decisions, there can either be a thirty (30) day or twenty-one (21) day timeframe to file your appeal. If the zoning board publishes its decision in writing signed by the chair or members of the board, an appeal must be filed within 30 days. But, if the zoning board approves the minutes of its decision, then an appeal must be filed in 21 days.
It follows that a third requirement to consider is the type of individual or party who may appeal these decisions to circuit courts. Pursuant to MZEA, MCL 125.3606, “any party aggrieved by a decision of the zoning board of appeals may appeal to the circuit court for the county in which the property is located.” While the MZEA does not define what constitutes an “aggrieved party” for purposes of bringing an appeal in circuit court, the Michigan Supreme Court has outlined specific elements to meet such definition.
As stated above, should an aggrieved party seek to appeal a decision, they must do so in the circuit court where the property is located. Michigan circuit courts are broken up by county. Therefore, the county where the property is located in will determine which court to file in.
At this stage in contesting a land development project, consulting with a land use/zoning attorney can be vital to the outcome of an appeal filed in circuit court. If you are considering disputing a land use or zoning decision, or have related questions, contact Dalton & Tomich to speak with one of our attorneys.
