Q: I am the president of a proposed planned unit development company whose project will comprise of a variety of residences, buildings, dockominiums and some open spaces. The zoning commission, however, has granted preliminary approval, but an environmental group plans to appeal. They have members who claim they are aggrieved with injury to their properties, businesses, riparian rights and legacies by impacts on natural areas. One of the zoning board of appeals members has indicated that he thinks that they lack standing. What do you think?
A: I think on the right facts, they have a winner given a Michigan Supreme Court case, which concluded that to be a party aggrieved under the relevant statues, a person must have taken the position in the challenged proceeding before the zoning commission such as by letter or oral public comment that they have some legally protected interest or protected right likely to be affected by the challenged decision. The court said that they must also provide some evidence of special damages, but only as they compare it to other real property owners similarly situated. This dictates you retaining a knowledgeable community association- environmental entity lawyer for your company.