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Perkins & Boyce, Criminal Law (3d ed) , p 543. An officer could be convicted of misconduct in office (1) for committing any act which is itself wrongful, malfeasance, (2) for committing a lawful act in a wrongful manner, misfeasance, or (3) for failing to perform any act that the duties of the office require of the officer, nonfeasance. Perkins, p 540.
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Public Record Establishes Intentional Breach of Positive Statutory Duty
Title XV Chapter 154 § 154.004 CONFORMANCE WITH REGULATIONS REQUIRED.
No building, structure or land shall be used and no building or part thereof shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with this chapter.
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Reference
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Cursory review - existing development raised and replaced with nonconforming new construction
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Common to developments:
- Zoning Board of Appeals does not find practical difficulty of development conforming to ordinance standards.
- Plan specifications do not conform to standards and requirements contained in the Zoning Ordinances.
- Zoning Board of Appeals does not hear and decide enforcement decision appeal.
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Statutory Language is unambiguous
City Code § 154.164(D) To obtain a non-use or dimensional variance, the applicant must show practical difficulty by demonstrating ... (1) That there are exceptional or extraordinary circumstances or conditions applying to the property in question ... that do not apply generally to other properties ...
MCL 125.3604(7) If there are practical difficulties for nonuse variances ... , the zoning board of appeals may grant a variance ...
Cause for variance not found, Building Official issues permits and certificates
Statutory language is unambiguous
City Code § 154.169(D) Decisions conditionally approving or rejecting the site plans shall be based upon standards and requirements contained in the Zoning Ordinances.
MCL 125.3501(4) A decision rejecting, approving, or conditionally approving a site plan shall be based upon requirements and standards contained in the zoning ordinance ...
Plan specifications not found in the zoning ordinance, Planning Commission approves plans
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Statutory language is unambiguous
City Code § 154.163(A) Appeals The Zoning Board of Appeals shall have the power to hear and decide upon appeals ...
City Code § 154.164(A) Applications for a variance shall be submitted and served in the same manner as provided for appeals ...
City Code § 154.169(A)... the Planning Commission is empowered to review site plans ...
MCL 125.3604(7) ... The ordinance shall establish procedures for the review and standards for approval of all types of variances.
Variance request is not enforcement decision appeal, Zoning Board of Appeals conducts hearings (SPR-04-08 excepted)
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