125.3606 Circuit court; review; duties.

319 words·~1 min read·/mi/chapter-125/125-3606

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 606.

(1)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. The circuit court shall review the record and decision to ensure that the decision meets all of the following requirements:

(a)Complies with the constitution and laws of the state.

(b)Is based upon proper procedure.

(c)Is supported by competent, material, and substantial evidence on the record.

(d)Represents the reasonable exercise of discretion granted by law to the zoning board of appeals.

(2)If the court finds the record inadequate to make the review required by this section or finds that additional material evidence exists that with good reason was not presented, the court shall order further proceedings on conditions that the court considers proper. The zoning board of appeals may modify its findings and decision as a result of the new proceedings or may affirm the original decision. The supplementary record and decision shall be filed with the court. The court may affirm, reverse, or modify the decision.

(3)An appeal from a decision of a zoning board of appeals shall be filed within whichever of the following deadlines comes first:

(a)Thirty days after the zoning board of appeals issues its decision in writing signed by the chairperson, if there is a chairperson, or signed by the members of the zoning board of appeals, if there is no chairperson.

(b)Twenty-one days after the zoning board of appeals approves the minutes of its decision.

(4)The court may affirm, reverse, or modify the decision of the zoning board of appeals. The court may make other orders as justice requires.

History: 2006, Act 110 , Eff. July 1, 2006 ;-- Am. 2008, Act 12 , Imd. Eff. Feb. 29, 2008 ;-- Am. 2010, Act 330 , Imd. Eff. Dec. 21, 2010