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Residents say proposed Ordinance 2025-Draft(E) would limit appeals and weaken Board of Appeals

Town of Holland Plan Commission · September 3, 2025
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Summary

During public input at the Sept. 3, 2025 meeting, residents told the Town of Holland Plan Commission that Ordinance 2025-Draft(E) would force dissatisfied parties to litigate directly in circuit court and effectively remove appellate review by the Board of Appeals, a change they said would raise costs and reduce due process.

Several residents raised concerns at the Sept. 3, 2025 Town of Holland Plan Commission meeting about Ordinance 2025-Draft(E), a proposed update to the town zoning code that the Plan Commission had recommended to the Town Board on Aug. 4 but which the Town Board did not act on at its Aug. 11 meeting.

Resident David Valenti said the ordinance "limits the ability for a resident to object to a decision of the Plan Commission or Town Board, requiring them to go directly to circuit court," and warned this would "gut the power of the Board of Appeals," forcing people either to live with decisions they cannot afford to challenge or to sue the Town. Larry Britton echoed those concerns, saying the change would impose additional costs on residents and the Town and that the Board of Appeals could become "a figurehead operation."

Chair David Huenink responded that the Plan Commission had only been reporting the Town Board's inaction on the ordinance at this meeting and noted that the commission could discuss the ordinance but could not take action at this session. Later in the meeting Chair Huenink clarified that under the regulations discussed at the meeting, the current process already requires filing with circuit court to appeal certain conditional use permit denials and that the Town typically provides reasons for denial and works with applicants on revised applications.

The public comments reflect local concerns about due process and the cost of appeals should Ordinance 2025-Draft(E) be adopted. The commission did not take action on the ordinance at the Sept. 3 meeting; the Town Board had deferred action previously when only three members were present.