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STATE OF MICHIGAN COURT OF APPEALS

ALLAN HUGHES and SALLY HUGHES, Petitioners-Appellees, v ALMENA TOWNSHIP, Respondent-Appellant.

PUBLISHED May 26, 2009 9:00 a.m. No. 279085 Van Buren Circuit Court LC No. 06-054739-AA Advance Sheets Version

Before: Markey, P.J., and Murphy and Borrello, JJ. PER CURIAM. Respondent Almena Township appeals by leave granted the circuit court's June 14, 2007, order that (1) reversed the decision of the Almena Township Zoning Board of Appeals (ZBA) to uphold the denial by the Almena Township Board of Trustees (township board) of petitioners Allan and Sally Hugheses' preliminary site plan for a planned unit development (PUD), (2) reversed the township board's decision to deny petitioners' preliminary site plan, and (3) approved petitioners' preliminary site plan. We vacate the circuit court's order and remand to the circuit court for the entry of an order affirming the ZBA's decision. I. Summary of Facts and Proceedings On December 23, 2005, the Hugheses submitted a preliminary site plan for a proposed PUD (Charlen Acres) to the Almena Township zoning administrator. Charlen Acres was a 24unit, single-family residential community on 27.62 acres and included 2.9 acres of permanent open space. On November 14, 2005, the Almena Township Planning Commission held a preapplication conference pursuant to

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