Proposal 3 is Illegal


Proposal 3 is Illegal

  • According to the Governor
    • The Governor rejected the proposed amendment as conflicting with state law.
      “Local legislative bodies are empowered to provide by ordinance zoning regulations and those ordinances ‘shall be controlling in the case of any inconsistencies between the ordinance and an ordinance adopted under any other law.’” [citing Michigan Zoning Enabling Act, 2006 PA 110, MCL 125.3101 et seq.]
  • According to the Attorney General’s Office [View the Letter]
    • “ proposed amendment conflicts with the city’s authority under the Michigan Zoning Enabling Act, to have zoning ordinance adopted and amended by the city council.”
    • “the language submitted to the governor for review is not accurate in that it fails to disclose that the proposed amendment is in conflict with the Michigan Zoning Enabling Act.”
  • According to the City Attorney
    • Trible-Laucht also said she did not believe the charter amendment was legally valid, and that it would likely be challenged in court if approved by voters. “It conflicts directly with the Home Rule City Act and the Michigan Zoning Enabling Act by inserting zoning regulations into the charter,” she wrote in a memo to the board. “It seeks to provide a peremptory veto into a statutorily mandated process of approval and remove the authority of the city commission to make zoning determinations, which the MZEA specifically assigns to that body. It creates a referendum process with regard to administrative decisions the city commission is legally required to make.”