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In order to challenge zoning referendums, a person must be a citizen of the county where the vote is up for referendum

Holding that the plaintiff-LLC lacked statutory standing to challenge the results of the zoning referendum election under MCL 600.4545 because it was not a citizen of the county, the court reversed the trial court's order denying the intervening defendants' summary disposition motion and remanded for entry of an order granting their motion. The underlying dispute concerned the zoning of property in Washtenaw County. Plaintiff previously owned it, but transferred it to another LLC (a non-party, SSO) in 2009. Plaintiff is the sole manager of SSO, but they are separate and distinct LLCs. The property was zoned Agricultural/Residential, but the defendant-Salem Township's Board of Trustees approved plaintiff's application to rezone it to General Commercial. One of the intervening defendants successfully petitioned to have the zoning amendments submitted to the electorate for approval, and the voters reversed the township board's zoning decision. Plaintiff filed an amended complaint, including a quo warranto action challenging the election results under MCL 600.4545. The intervening defendants moved for summary disposition, arguing that plaintiff lacked statutory standing to bring an action under MCL 600.4545. The trial court concluded that plaintiff had standing. The court disagreed. To "file suit under MCL 600.4545, plaintiff must qualify as a 'citizen of the county,' and the issue" became whether it was a citizen of Washtenaw County. The court consulted a dictionary to determine the plain meaning of the phrase and concluded that, "to be a 'citizen of the county' it would appear that, at a minimum, the person would need to inhabit or reside in the specific county in question." Plaintiff clearly "did not in any way inhabit Washtenaw County as required to be considered a 'citizen of the county.'" Its registered office was in Oakland County, other documents listed its address as in Wayne County, and there was no indication that it owned property in Washtenaw County or had a place of business there. Even if SSO's "mere ownership of the property establishes citizenship" for SSO "in Washtenaw County, neither plaintiff's former ownership of the property nor its management of" SSO conferred this citizenship on plaintiff. Further, it could not amend its pleadings to add SSO as a plaintiff because the time limit for bringing the action has expired and the relation-back doctrine does not apply to the addition of new parties.

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

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