Publications for Municipal Litigation
On February 4, 2022, the Michigan Attorney General, Dana Nessel, issued an Opinion stating that restrictions for virtual public meetings provided under the Michigan Open Meetings Act are preempted to the extent the restrictions prevent a public body from providing reasonable accommodations under the Americans with Disabilities Act.
Imagine that you are the head of your municipality and you receive a frantic call from a constituent. The constituent says “Hey, Mr. Supervisor- I live in a residential subdivision and my next door neighbor is growing 72 marijuana plants in his backyard! I thought he couldn’t do that unless there was an ordinance allowing it? What are you going to do about it?”
New amendments to the Michigan Fireworks Safety Act modify when and how a municipality may regulate the ignition, discharge and use of consumer fireworks.
In late August, an 18-month long lawsuit against Almer and Ellington Townships ("the Townships"), which was brought by a subsidiary of wind energy giant NextEra Energy Resources LLC (“NextEra”), was dismissed by the United States District Court for the Eastern District of Michigan, North Division.
Libraries across Michigan, and across the country, are tasked with striking a tricky balance: ensuring that citizens’ constitutionally-protected rights to use library resources are protected, while creating a safe, orderly and non-disruptive environment for patrons and staff.
On November 6, 2018, Michigan voters approved Proposal 1, the Marihuana Legalization Initiative*.
In an unpublished opinion released on October 30, 2018, the Michigan Court of Appeals held that a local zoning ordinance cannot prohibit medical marijuana caregivers from cultivating marijuana as a “home occupation.” Charter Twp of Ypsilanti v Pontius, Court of Appeals Docket No. 340487 (Oct. 30, 2018).
Most municipalities own at least some real property and often such property is underutilized. An effective way for a municipality to monetize that asset, and raise extra revenue, is to lease the property to a tenant.
The Michigan Open Meetings Act (“OMA”) is meant to enhance transparency, but its application is not always straightforward. Often, violations of the OMA are not intentional, but rather occur due to lack of knowledge about the law’s requirements.
The other day I arrived home after a day at the office and noticed someone had delivered (i.e. tossed in my yard) a recent copy of the yellow book where you can turn the pages in search of businesses who sell products and services that you may need. You know … the phone book.
Several municipalities in the state of Michigan (and nationwide) have filed lawsuits against drug manufacturers and distributors alleging deceptive marketing in the sale of opioids, including OxyContin and Fentanyl
As I discussed in the first article in this series addressing property tax exemption issues in Michigan, property taxes account for billions of dollars for essential community services such as schools, public safety departments, transportation, infrastructure, and governance for local residents and businesses.
After many months of new releases and public discussion of the Court of Appeals’ "big box" decision in Menard Inc. v City of Escanaba, 315 Mich App 512 (2016), the Michigan Supreme Court ended some of the speculation on October 20, 2017 by determining not to hear Menard Inc.’s appeal.