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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100023
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Is there a way to stop a Conditional Use Permit to operate a

Customer Question

Is there a way to stop a Conditional Use Permit to operate a Commercial Recreation Facility ( athletic training facility ). In a residential and agricultural area? Vermontville, MI 49096
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes, but it would involve going to Court. Once/if all administrative appeals against this decision by the Commission have failed, residents can appeal the decision to Court via a Writ of Mandamus. See an example HERE. A Writ of Mandamus asks the Court to review a decision by a state or local government agency to ensure that the agency has power to do such an act, and/or, to ensure that it is being done according to law. Note that if the decision is that of discretion on behalf of the agency, the Court may very well simply confirm it, but there are many ways to argue the Writ.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 5 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or marked the question positively. I am simply touching base. Let me know. Thanks!

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