HOUSE BILL No. 5775


     May 11, 2000, Introduced by Reps. Jamnick and LaForge and referred to the Committee on Local Government and Urban
Policy.


        A bill to amend 1943 PA 184, entitled

   "Township zoning act,"

   by amending section 23a (MCL 125.293a) and by adding section

   23c.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 23a.  (1) The decision of the board of appeals

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       rendered pursuant to  UNDER section 23  shall be  IS
   final.

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      However, SUBJECT TO SECTION 23C, a person having an interest

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      affected by the zoning ordinance may appeal to the circuit

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      court.  Upon appeal, the circuit court shall review the record

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      and decision of the board of appeals to  insure  ENSURE that the

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      decision MEETS ALL OF THE FOLLOWING REQUIREMENTS:

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

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           (b) Is based upon proper procedure.




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           (c) Is supported by competent, material, and substantial

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      evidence on the record.

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           (d) Represents the reasonable exercise of discretion granted

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      by law to the board of appeals.

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           (2) If the court finds the record of the board of appeals

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      inadequate to make the review required by this section, or that

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      there is additional evidence  which  THAT is material and with

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      good reason was not presented to the board of appeals, the court

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      shall order further proceedings before the board of appeals on

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      conditions  which  THAT the court considers proper.  The board of

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      appeals may modify its findings and decision as a result of the

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      new proceedings, or may affirm its original decision.  The sup-

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      plementary record and decision shall be filed with the court.

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           (3) As a result of the review required by this section, the

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      court may affirm, reverse, or modify the decision of the board of

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      appeals.

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           SEC. 23C.  (1) AN AGREEMENT TO PURCHASE PROPERTY CONTINGENT

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      ON AN ORDER, DETERMINATION, OR DECISION OF AN OFFICER, AGENCY,

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      BOARD, OR COMMISSION, THE BOARD OF APPEALS, OR THE TOWNSHIP BOARD

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      UNDER THIS ACT OR UNDER AN ORDINANCE ADOPTED UNDER THIS ACT IS

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      NOT A BASIS FOR STANDING IN A JUDICIAL PROCEEDING CHALLENGING

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      SUCH AN ORDER, DETERMINATION, OR DECISION.

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           (2) AN AGREEMENT TO PURCHASE PROPERTY CONTINGENT ON AN

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      AMENDMENT TO AN ORDINANCE ADOPTED UNDER THIS ACT IS NOT A BASIS

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      FOR STANDING IN A JUDICIAL PROCEEDING CHALLENGING AN ORDINANCE

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      ADOPTED UNDER THIS ACT.





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