Order Michigan Supreme Court
Lansing, Michigan
April 23, 2008 Clifford W. Taylor,
Chief Justice
135507 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
BRIAN VANFAROWE and RAJINI Robert P. Young, Jr.
VANFAROWE, Stephen J. Markman,
Justices
Plaintiffs-Appellees,
v SC: 135507
COA: 264189
Kent CC: 05-004313-AV
CASCADE CHARTER TOWNSHIP,
Defendant-Appellant,
and
GOODWOOD PLAT OWNERS, INC.,
Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 8, 2007
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we VACATE that portion of the judgment of the Court
of Appeals stating that remand is required “[b]ecause the trial court proceeded to resolve
the case on briefs without entertaining testimony regarding the usage and whether it falls
within the applicable case law . . . .” This was an appeal to the circuit court under a
zoning ordinance providing for no appeal to a Zoning Board of Appeals from the decision
of the Township Board, so the proper remand for further evidentiary proceedings is to the
Township Board, not to the circuit court. Macenas v Village of Michiana, 433 Mich 380,
394-397 (1989); Sportsman’s Club v Exeter Twp, 217 Mich App 195, 198-201, 202
(1996). To the extent that further evidentiary hearings are necessary on remand, such
hearings must be held before the Township Board. See Sportsman’s Club v Exeter Twp,
217 Mich App 195, 199-200 (1996); MCL 125.290(1); MCL 125.293a(2). In all other
respects, the application for leave to appeal is DENIED, because we are not persuaded
that the questions presented should be reviewed by this Court.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 23, 2008 _________________________________________
p0416 Clerk