Zoning; Special use permit; Ordinance Residential Building Clustering Plan; Circuit court appeal; MCR 7.122(B); Written decision; Certification of minutes; Subject-matter jurisdiction; Untimely appeal; Freedom of Information Act (FOIA)

The court held that the circuit court lacked subject-matter jurisdiction because appellants filed their zoning appeal more than 30 days after the planning commission issued its decision in writing. Appellee-Emmet County Planning Commission approved intervening appellee’s application to amend its special use permit at a January 2024 public meeting, and the zoning administrator sent a January 22 letter confirming approval. The commission later certified the minutes, and appellants filed their circuit court appeal on March 8. On appeal, the court held that MCR 7.122(B) unambiguously required an appeal within 30 days after certification of minutes or after the commission “issued its decision in writing, whichever deadline comes first.” The court next held that the January 22 letter triggered the appeal period because it provided written confirmation that the application was approved. It rejected appellants’ arguments that the letter was insufficient because it was not signed by the commission chair or made publicly available before a FOIA request, reasoning that “MCR 7.122(B) requires none of these things.” Because the appeal was filed 46 days after the written decision, it was untimely. Affirmed.