DVS Law obtained a favorable outcome in a recent decision by the Michigan Court of Appeals. The suit involved a Township’s denial of a special land use permit. Anthony Vittiglio II represents a property owner and land developer that submitted an application for a special land use permit. When the planning commission denied the request, DVS Law timely filed its appeal of the commission’s denial under MCR 7.122 and MCL 125.3606 to the circuit court. After oral argument, the circuit court granted the appeal, and reversed and remanded the denial to the planning commission. 

The circuit court found that the planning commission had not made specific findings of fact in accordance with Michigan law to support the denial. The municipality thereafter filed an appeal by right to the Michigan Court of Appeals. The Court of Appeals affirmed in part, and reversed in part, the circuit court’s decision. In a published decision, the Court of Appeals held that the planning commission failed to adequately articulate the basis for its denial of the special land use application as required by MCL 125.3502(4). The Court remanded the application to the planning commission to make findings and conclusions as required by law. The Court left open the issue of whether Michigan law requires issuance of the special land use permit based on the application.

The Court deemed to publish the case to “clarify the legal framework applicable to appeals stemming from a municipality’s grant or denial of a special land use application.” DVS is pleased to have advanced the legal argument and framework that the Court of Appeals determined correct and worthy of publication. If you would like to discuss this case in further detail, please contact Anthony.

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