“An amendment is futile where the paragraphs or counts the plaintiff seeks to add merely restate, or slightly elaborate on, allegations already pleaded.”
How later courts described this case
- “An amendment is futile where the paragraphs or counts the plaintiff seeks to add merely restate, or slightly elaborate on, allegations already pleaded.”
Written by the judges who cited it.
The opinion
Hoekstra, P.J.,
(concurring in part and dissenting in part). I dissent from only that portion of the majority’s opinion regarding plaintiff’s proposal for a special-assessment district for improvement of the private roadway. In my opinion, the record developed by the township board is inadequate to allow us to determine whether its decision was supported by competent, material, and substantial evidence. Accordingly, I would favor remanding this issue to the township board for development of the record, including an explanation of the facts and reasoning by which the board reached its decision. See, e.g., Reenders v Parker, 217 Mich App 373 ; 551 NW2d 474 (1996). I concur in the remainder of the majority’s opinion.