Rezoning by Amendment as an Administrative or Quasi-Judicial Act: The "New Look" in Michigan Zoning

Authors

Roger A. Cunningham, University of Michigan Law SchoolFollow

Abstract

The traditional view in zoning law has been that the enactment of an original zoning ordinance and any amendments thereto by a local governing body is a "legislative" act, as contrasted with the granting of a "special exception" or a "variance" by the zoning board of appeals (or board of adjustment), which is an "administrative" or "quasi-judicial" act. Recently, however, the Oregon and Washington supreme courts have challenged this view, concluding that, under some circumstances at least, the enactment of a zoning amendment should be considered an "administrative" or "quasi-judicial" act, and thus subject to more extensive judicial review. Although a majority of the Michigan supreme court has yet to embrace this new position, the Michigan court has been moving in that direction; in fact, five recent opinions by Michigan Supreme Court Justice Levin indicate that Michigan may be extending the "administrative or quasi-judicial act" doctrine even beyond its Washington and Oregon formulations.

Recommended Citation

Roger A. Cunningham, Rezoning by Amendment as an Administrative or Quasi-Judicial Act: The "New Look" in Michigan Zoning, 73 Mich. L. Rev. 1341 (1975).
Available at: https://repository.law.umich.edu/mlr/vol73/iss8/2