e-Journal Summary

e-Journal Number : 83736
Opinion Date : 05/21/2025
e-Journal Date : 06/05/2025
Court : Michigan Court of Appeals
Case Name : Forner v. Spring Lake Twp.
Practice Area(s) : Construction Law Municipal
Judge(s) : Per Curiam – Wallace, Rick, and Garrett
Full PDF Opinion
Issues:

Dispute over mechanical permit application forms; The Stille-DeRossett-Hale Single State Construction Code Act; MCL 125.1510(1); Mootness; Construction Code Commission (CCC); Bureau of Construction Codes (BCC); Michigan Township Services Muskegon (MTSM)

Summary

In this dispute over mechanical permit application forms, the court concluded that “the alleged failure to adhere to MCL 125.1510(1)” had been resolved and that this case was moot, as there was no relief that it could offer to appellant-Forner. He appealed the CCC’s final decision denying his request that appellee-Spring Lake Township “submit its mechanical permit application form to the CCC for review.” The court noted that “the driving force behind this case is Forner’s belief that the Township violated MCL 125.1510(1) by failing to utilize a CCC-prescribed mechanical permit form. MCL 125.1510(1) states that applications for building permits ‘shall be on a form prescribed by the commission and shall be accompanied by payment of the fee established by the enforcing agency.’” The CCC approved a “BCC-promulgated mechanical permit form as well as all ‘substantially similar’ permit forms in” 1/24. Forner admitted “on appeal that the CCC has the power to prescribe all permit forms.” The court concluded the “CCC complied with MCL 125.1505(1) and MCL 125.1510(1) by adopting the BCC form and allowing for the use of substantially similar forms. There is no dispute that the Township’s mechanical permit form is substantially similar to the BCC form.” The court agreed with the Township and appellee-MTSM that this appeal was moot, and dismissed it as such.

Full PDF Opinion