Recently, in GWCC Holdings, LLC v Alpine Township, et al, __ Mich App __ (Mich Ct App, April 25, 2024) (Case No. 367925) (publication pending), a case in which Bloom Sluggett represented the Township, a developer sought to invalidate a citizens’ referendum petition involving an amendment to Alpine Township’s zoning ordinance regarding a housing development. The developer claimed the petition failed to meet certain legal formatting requirements. However, the Township Clerk determined that the referendum petition met all the requirements of the Michigan Zoning Enabling Act, and the trial court agreed. Subsequently, the referendum was certified to the November 2023 election ballot and a majority of the Township’s electors voted against the zoning amendment.
On appeal by the developer, the Court of Appeals affirmed the decision of the trial court granting the Township and other defendants’ Motion for Summary Disposition, reasoning that any defects in the referendum petition were cured by the results of the election. Notably, the Court of Appeals addressed several legal issues regarding referendums under the Michigan Zoning Enabling Act. First, the Court of Appeals affirmed that zoning referendum petitions must comply with the formatting requirements found in Section 488(2) of the Michigan Election Law. Second, the Court of Appeals held that referendum petitions must comply with the requirements of MCL 168.482(7) and (8). In dicta, the Court noted that petitions need not comply with the type-size requirements found in MCL 168.544c(1). Lastly, the Court of Appeals held that the “elections-cure-defects” doctrine can apply even when a plaintiff raises a challenge before the election takes place.