Contesting a proposed land use development project before the local planning commission or zoning board of appeals in Michigan, requires a well-structured approach. Below are some notable strategies to consider when challenging a project at the local level.
Research/Review the Proposal and Local Ordinances
As an initial step, it is important to understand the proposed project at length by obtaining all relevant details. To gain all relevant information, review materials such as site plans, zoning change requests, and any studies or assessment conducted.
Moreover, research and review local zoning ordinances. Understanding the governing land use regulations will further inform you of what violations a proposed project may have committed, as well as what is allowed under the law. Local ordinances include the actual zoning code, regulations, master plans, and/or zoning maps specific to the municipality.
Additionally, local ordinances will usually provide procedural requirements or the legal framework under which municipal departments and/or boards operate. Depending on the land use project, it will typically be subject to specific procedural requirements as well.
Develop a Clear Argument
Once you obtain the relevant information needed surrounding a land development proposal, formulate and identify the grounds for opposing it. There may be a variety of valid reasons to challenge the proposal, which was covered in greater detail in our last blog on this topic, “What are Valid Reasons for Contesting a Land Development Project?”. Moreover, if there is legal precedent applicable to your opposition, reference relevant Michigan land use and zoning cases that could support your arguments.
Gather Evidence
In addition to applying relevant local laws or state legal precedent, gathering evidence will also build support for your arguments. The type of evidence and amount will vary on what is being challenged. However, there are some common resources or tools to consider that may help your position.
For instance, retaining consultants or experts such as traffic engineers, environmental professionals, or urban planners can provide expert testimony. Moreover, technical evidence can include using your own traffic studies, environmental impacts assessments, or economic analyses to counter a land developer’s claims.
Other forms of evidence that may prove helpful could be photographs of property, and statements from surrounding residents in the community. Acquiring local support not only may provide more information on how a challenged proposal will negatively impact the community, but generally adds more weight to the opposition.
Community Engagement
It follows that another notable strategy is engaging with the local community to garner support for your opposition to the proposal. As mentioned, it carries more weight to have a large group opposing a proposed development project.
Community engagement may involve forming a coalition with residents, local businesses, etc. Organizing a petition to collect signatures or holding public meetings are also useful methods to engage with and raise awareness.
Stay Open to Resolutions
When challenging a development proposal, it can be helpful to identify areas of compromise. If possible, negotiations with the developer or applicant can offer potential modifications to the project that may resolve issues cited in your challenge.
Unwavering opposition is not always realistic and can at times hinder the chances at succeeding on your claims. Therefore, it may be useful to identify potential modifications in certain areas of the proposed project, rather than pursue a complete denial of the project.
Recognizing compromise is not always feasible, where negotiations or alternative solutions do appear to be effective though, engaging those avenues could ultimately lead to a better outcome.
Adequate Preparation for Public Hearings
For public hearings on land development proposals, it is important to participate in them and show up adequately prepared.
Submit written statements or letters to the planning commission or zoning board prior to the public hearing. These letters should articulate reasons for contesting the land development proposal. As referenced above, the evidence gathered supporting your arguments should also be submitted prior to and/or presented at the public hearing.
Furthermore, prepare testimony you wish to give at the hearing before the local zoning board or commission. Testimony should be concise, organized, and supported by any evidence obtained. The more focused and supported testimony is, the better your arguments can be communicated effectively to the local board.
Encourage other members in the community who support your opposition to also attend and participate in the public hearing. Again, a showing of widespread opposition offers more support to your arguments.
Seeking legal counsel as well, can assist in sufficiently preparing for public hearings. Counsel can also evaluate the chances of prevailing at the local level, and whether approval of the proposal could be appealed to state court.
The attorneys at Dalton & Tomich, PLC, have advocated for parties contesting land use development projects in numerous cases, obtaining plenty of experience in this arena. If you wish to speak to one of our attorneys or have any related questions, please call (313) 859-6000. We would be happy to speak with you.
