Felice v. Cheboygan Co Zoning Comm

In Felice v. Cheboygan Co Zoning Comm, 103 Mich. App. 742, 746; 304 N.W.2d 1 (1981), a case on which defendants rely, the Court held that the plaintiffs were not entitled to attorney fees and costs because they did not obtain "relief in the action." However, Felice is factually distinguishable. In Felice, the plaintiff filed suit seeking injunctive relief and invalidation of a decision to issue a special use permit made by the defendant in a closed session. After plaintiff filed suit, defendants held a second meeting in conformity with the OMA in which the same special use permit was reenacted. At a hearing, defense counsel admitted that the first meeting was not in compliance with the OMA. Id. at 743-744. The parties subsequently stipulated the withdrawal of the claim for injunctive relief, and the plaintiffs abandoned their claim seeking invalidation of any decisions. Id. at 746. The Court held that the acts of the parties following the institution of the action obviated the necessity for the trial court to order invalidation of the commission's decision or injunctive relief and that, therefore, plaintiffs did not obtain "relief in the action" within the meaning of the OMA. Id.