In a recent decision by the Court of Appeals (Edw C Levy Co v Marine City Bd of Zoning Appeals, No. 296023 (2011)), the Court determined MCL 125.3603(2) requires a vote by the zoning board of appeals to be supported by a majority of the board's total members and not by a majority of the members present at a given meeting.  In this case, plaintiff's appealed the City Manager's decision to the zoning board of appeals, which has five members.  However, only three members were present at the meeting during which the zoning board of appeals voted 2-1 to overturn the City Manager's decision.  The Court of Appeals held that the Circuit Court correctly concluded the zoning board of appeals vote was not sufficient to overturn the City Manager's decision, since it was not supported by a majority of all five members of the zoning board of appeals.

In addition, the Court of Appeals outlined the legal standards that a circuit court applies to review the decision of a zoning board of appeals: (a) Does the decision comply with the constitution and laws of the State? (b) Is the decision based upon proper procedure? (c) Is the decision supported by competent, material, and substantial evidence on the record? (d) Does the decision represent the reasonable exercise of discretion granted by law to the zoning board of appeals?  The Court of Appeals defined "substantial evidence" as "evidence which a reasonable person would accept as sufficient to support a conclusion."  Edw C Levy Co v Marine City Bd of Zoning Appeals, No. 296023, at 3 (2011).