Opinion
No. 131053.
October 20, 2006.
Appeal from the Reported below: 270 Mich App 685.
Summary Dispositions October 20, 2006.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and remand this case to the Oakland Circuit Court for further proceedings consistent with this order.
Here, plaintiff adopted a resolution declaring a need for free public parking. MCL 213.56(1) permits a property owner to "challenge the necessity of acquisition of all or part of the property for the purposes stated in the complaint." While the statute permits judicial review of the necessity of acquiring all or part of the property for the purposes stated in the complaint, it does not permit judicial review of the purposes stated in the complaint.
As this Court recognized over 30 years ago in State Hwy Comm v Vanderkloot, 392 Mich 159, 176 (1974):
There can be no judicial review of the decision to make such an "improvement". But the determination of the property on which such "improvement" is made is subject to judicial review for "fraud or abuse of discretion".
By independently reconsidering the village's decision that the public parking had to be free of charge, the Court of Appeals and circuit court erroneously reviewed the wisdom of plaintiffs decision to make the improvement, rather than review the necessity of acquiring defendant's property to accomplish the improvement.
Accordingly, we reverse the judgment of the Court of Appeals and remand this case to the Oakland Circuit Court for further proceedings consistent with this order. We do not retain jurisdiction.
CAVANAGH and KELLY, JJ. We would grant leave to appeal.