By: Angela C. Wetherby
In Michigan, the role of a zoning board of appeals (“ZBA”) is, generally speaking, to address appeals of administrative decisions made with respect to the implementation and enforcement of a municipality’s zoning ordinance. A ZBA is also responsible for considering and making decisions relative to requests for variances from the zoning ordinance and, in some cases, to interpret the provisions of the applicable zoning ordinance. Many people may think that the decisions of the ZBA are final and are not subject to further appeal; however, this is not the case. While a ZBA is the final level of review by a municipality, decisions made by a ZBA are subject to further review by the local circuit court. See MCL 125.3606(1). That being said, the procedural requirements for filing an appeal of this nature are rather stringent. For example, according to Michigan law, an appeal from a decision of the zoning board of appeals must be filed within 30 days after the zoning board of appeals issues it decision, or 21 days after the zoning board of appeals approves the minutes of its decision, whichever comes first. MCL 125.3606(3). There are also additional rules and guidelines that dictate what information you must provide to the circuit court in asserting your appeal. This is why it may be helpful to consult with an attorney before taking this measure as the consequences of doing it incorrectly may be serious.
This website and the contents thereof is designed for general information only and information should not be considered as formal legal advice nor the formation of an attorney/client relationship. The purpose of this post is to provide a brief and cursory overview of the procedural rules that apply when it comes to appealing a decision of a ZBA to the circuit court. It is important to consult with an attorney as there are various other implications that should be taken into consideration when it comes to appealing a decision of a ZBA.
If you have any questions regarding regarding the blog post, please contact Inosencio & Fisk, PLLC, at (517) 796-1444.