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Are Township officials interfering with zoning complaint?

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charliep3

Junior Member
What is the name of your state (only U.S. law)? Michigan

I made a written complaint on a zoning violation. Several Township officials are telling me they have decided the matter. I've read the ordinance. It says the designated zoning administrator "shall" investigate written complaints and make a determination. It appears only he has the authority to do that, that he must enforce the ordinance strictly and he has no governmental immunity if he fails to do that. Several Township officials are pretending they have his authority, perhaps hoping I don't know the difference? Is there a law against that besides violating their own ordinance?

The complaint is about a house close to mine in a remote area that is being advertised and rented by the night. Most of the rentals are for parties. The owner lives out of state. A neighbor who lives miles away provides access. It's not pleasant. I was advised by the County Sheriff to complain to the township zoning authority.

What options should I be considering?
 
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tranquility

Senior Member
What is the name of your state (only U.S. law)? Michigan

I made a written complaint on a zoning violation. Several Township officials are telling me they have decided the matter. I've read the ordinance. It says the designated zoning administrator "shall" investigate written complaints and make a determination. It appears only he has the authority to do that, that he must enforce the ordinance strictly and he has no governmental immunity if he fails to do that. Several Township officials are pretending they have his authority, perhaps hoping I don't know the difference? Is there a law against that besides violating their own ordinance?

The complaint is about a house close to mine in a remote area that is being advertised and rented by the night. Most of the rentals are for parties. The owner lives out of state. A neighbor who lives miles away provides access. It's not pleasant. I was advised by the County Sheriff to complain to the township zoning authority.

What options should I be considering?
Elections.

If the matter has been "decided", there is not really a lot you can do. To force the government to do something requires a Writ of Mandamus. They don't get issued too much. To have a chance at getting one you will need either a metric ton of money you want to give to a very good attorney or nothing but free time and a high motivation to make it your reason for being. Even that assumes you are correct. An assumption I do not make. Other than that, democracy.
 

charliep3

Junior Member
Elections.

If the matter has been "decided", there is not really a lot you can do. To force the government to do something requires a Writ of Mandamus. They don't get issued too much. To have a chance at getting one you will need either a metric ton of money you want to give to a very good attorney or nothing but free time and a high motivation to make it your reason for being. Even that assumes you are correct. An assumption I do not make. Other than that, democracy.
May be I chose the wrong words. The response I got was from the township offical who is not the zoning administrator and looking carefully she is arguing her views, not "deciding". I don't agree with her reasoning but she is entitled to her opinion. She is not entitled to decide the complaint.

The zoning administrator must act on my complaint otherwise there is no standing to appeal to the zoning board of appeals if that becomes necessary.
 

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