Opinion
368670
12-19-2023
Richard Laubhan v. Charter Township of Saginaw
LC No. 23-000656-AV
ORDER
Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction because the October 27, 2023 circuit court order entered on appeal from another tribunal is not appealable of right. MCR 7.203(A)(1)(a). It is evident that the Saginaw Charter Township Construction Board of Appeals acted as a tribunal in this matter in which it conducted a hearing and considered evidence, including witness testimony. Natural Resources Defense Council v Dep't of Environmental Quality, 300 Mich.App. 79, 86; 832 N.W.2d 288 (2013). Dismissal is without prejudice to the filing of a delayed application for leave to appeal under MCR 7.205(A)(4), provided such a filing meets all requirements under the court rules and is not time-barred.