Matter remanded back to the City Commission

NORTHERN MICHIGAN ENVIRONMENTAL ACTION COUNCIL and PRISCILLA TOWNSEND,
Appellees,
v
CITY OF TRAVERSE CITY,
Other Party,
and
PINE STREET DEVELOPMENT ONE, LLC,
Intervening Appellant.

The trial court concluded that the city’s determination in granting the SLUP was not supported by competent, material, and substantial evidence. We do not agree in all aspects with the trial court’s decision. That is, there are areas in which the trial court determined a lack of support that we conclude were adequately supported. Nonetheless, we do agree in some respects with the trial court’s determination and, therefore, with its ultimate conclusion to remand the matter to the city commission with direction that it must provide further support for its decision. Accordingly, we will focus on those areas in which we agree with the trial court that the record was lacking in competent, material, and substantial evidence to support the city’s decision.

http://publicdocs.courts.mi.gov/OPINIONS/FINAL/COA/20171024_C332590_55_332590.OPN.PDF

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