Publications for
On Friday, October 2, 2020, the Supreme Court held Governor Whitmer lacked the authority to issue any executive orders after April 30, 2020 to combat the spread of COVID-19. In response, the Director of Michigan Department of Health and Human Services (MDHHS) issued an Emergency Order to place limitations on bars, the size of gatherings, and to require face masks in certain settings. The order is similar to previous executive orders issued by the Governor.
New amendments to the Michigan Fireworks Safety Act modify when and how a municipality may regulate the ignition, discharge and use of consumer fireworks.
Attorney Laura Genovich outlines five key aspects of the Marihuana Act that affect employers.
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In an unpublished opinion released on October 30, 2018, the Michigan Court of Appeals held that a local zoning ordinance cannot prohibit medical marijuana caregivers from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).
Under various statutes, certain types of property, owned by certain entities, and used for certain purposes, are exempt from paying property taxes in Michigan. But there is an exception to this exemption meant to address situations where the property is exempt based on ownership, but is leased to a non-exempt entity.
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.
Generally, meetings of public bodies must be open to the public according to the requirements of the Open Meetings Act ("OMA"), 1976 PA 267. So, how can a public body maintain the confidentiality of attorney-client privileged information that must be discussed by the board, council or commission?
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
Property tax exemptions can have a big impact on local communities. Although exempt properties do not generate tax revenue for local units or tax-sharing units (like schools and libraries), exempt properties still use tax-funded services, like police and fire protection. An increase in tax-exempt properties can in turn increase the strain on local budgets.
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.
Public libraries play an important academic, cultural, and social role in communities across Michigan. Public Libraries are governed by elected or appointed boards that meet regularly to make important decisions and provide oversight and direction for a library. The role of a board is to set policy, and to leave implementation of policy to the library’s director and staff.
On February 6, 2018, Governor Snyder signed Public Act 16 of 2018, which creates a Uniform Commercial Real Estate Receivership Act (the “Act”) in Michigan. The bill was sponsored by State Representative Brandt Iden, of the 61st District. PA 16 can be viewed here.
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.
Across the state of Michigan, local property tax revenue is being drained by the property tax appeals filed by "Big Box" retail stores.
Over the last decade, social media has evolved from a fun distraction for young people, to a pervasive part of people’s lives - regardless of age.
Last September, Gov. Snyder signed HB 4209 (now called the Medical Marihuana Facilities Licensing Act). The relevant portion of the Act to townships is Section 205. Marijuana facilities may not operate in a township, and will not be able to obtain a license from the state, unless the township has adopted an ordinance (zoning or otherwise) that authorizes that type of facility.
Governor Snyder approved a new law on Tuesday that gives municipalities a stronger defense in sidewalk-injury lawsuits. PA 419 of 2016 amends Section 2a of the Governmental Liability for Negligence Act (Act 170 of 1964), which sets forth the extent of a municipality’s duties and liability in property and personal injury claims related to sidewalk maintenance.
A new law signed by Lt. Governor Brian Calley will prohibit counties, townships, cities and villages in Michigan from adopting or enforcing ordinances that regulate in any way the use, disposition or sale of certain containers, most notably, plastic bags.
Recently, the U.S. Supreme Court considered the issue of how freedom of speech impacts the municipal regulation of signs. Review your regulations in light of this new Supreme Court decision.
On September 21, Gov. Snyder signed HB 4209 (now called the Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016). The Act imposes a licensure mandate and authorizes a regulatory scheme for certain medical marijuana facilities including growers, transporters, processors and dispensaries.
Townships have a state constitutional right to "reasonable control" over roads. Townships also have the statutory right to adopt truck route ordinances. What happens if one township’s truck route ordinance effectively pushes commercial traffic into a neighboring township?
The Michigan Court of Appeals has issued recent opinions on the "motor vehicle exception" to governmental immunity. These cases will be of interest to any municipality that owns vehicles.
Employment related issues can be sensitive. How do municipalities balance the requirements of the OMA and handling difficult personnel matters?
The Michigan Supreme Court issued an opinion which will make it more difficult for employers to defeat whistleblower claims before trial. Debano-Griffin v Lake County and Lake County Board of Commissioners.
An overview of important legislation, issues, and cases from 2012 that affect Michigan county road commissions.
Effective on March 28, 2013, 2012 PA 529 amends the Motor Vehicle Code to state that an authorized agent of a county road commission (e.g. a weigh master) may act as a police officer.
Governor Snyder signed into law right-to-work legislation covering both private and public sector employment in Michigan. Employees will have the right to refrain from paying any portion of assessed dues or an agency fee.
Municipalities often put great care and effort into deciding whether to amend their zoning or regulatory ordinances. While the substance of those amendments is important, so too is the form of the amendments.
Any public body, especially those maintaining a website, should be aware of the amendment to the Michigan Open Meetings Act that became effective on December 31, 2012.
Michigan law has long criminalized "begging in a public place." Recently, however, a federal court struck down Michigan’s anti-begging law, and another federal court struck down an Ohio city’s anti-solicitation policy.
The Legislature has changed the rules on how receiving boards are established.
Summary of the proposed changes that HB 5879 would make to the Freedom of Information Act, 1976 PA 442, if enacted. Many of these changes would directly impact litigation fees and costs for defending FOIA violations.
It is unclear at this point whether the revamped Michigan Fireworks Safety Act preempts a municipality's ability to regulate traditional concerns such as noise and public safety.
Michigan has revamped its fireworks law by adopting Public Act 256 of 2011, which amends the Michigan Fireworks Safety Act. The Act allows consumers to legally buy and use more powerful "consumer fireworks" without obtaining a permit.
On February 28, 2012, the House passed HB 5335, an amendment that will change an over 25 year old Open Meetings Act interpretation by the Michigan Court of Appeals about telephone participation at public meetings.
Many municipalities in Michigan have recently received requests from their cable operators to start formal cable franchise renewal procedures under the Federal Cable Act, 47 USC § 521 et seq. Although federal law sets renewal procedures that provide for extensive local review of franchise agreements, Michigan law prohibits such local review.
The Michigan legislature was active in 2011, passing or amending several laws that will impact public sector labor relations.
Cities and villages have the power to legislate—that is, to make laws. Cities and villages exercise their legislative power by adopting or amending ordinances.
On July 20, 2011, Gov. Rick Snyder signed legislation that changes the arbitration process and should result in more realistic agreements.
The Michigan Legislature has legislatively overruled Kyser and reinstated the "very serious consequences" rule.
The Michigan Court of Appeals recently handed down a decision that is important for any municipality that holds special meetings or goes into closed session to discuss pending litigation.
Answer to an intriguing question that involves the intersection of employer rights and medical marijuana patient rights.
The U.S. Court of Appeals for the Sixth Circuit found that a municipal employer did not violate its employees’ legal rights by requiring workers returning from sick leave or restricted duty to submit a doctor’s note disclosing the "nature of the illness" to their immediate supervisors.
Many municipalities employ drivers to perform safety-sensitive functions. What if one of these drivers arrives at work and appears to be under the influence of alcohol or a controlled substance?
Unions can demonstrate majority status either through voluntary recognition or an election.
For decades, Michigan courts have held that a zoning ordinance that prevents extraction of natural resources is invalid unless "very serious consequences" would result from the proposed extraction.
A listing of noteworthy federal income tax-related bond provisions that were enacted in the American Recovery and Reinvestment Act of 2009 (ARRA) or other past federal tax legislation.
The USERRA applies to all public and private employers in the United States. So it applies to counties, cities, townships, and villages.
A pending bill in the Michigan Legislature may offer some relief to municipalities with outstanding bonds payable from special assessments that have not been paid.
For the first time in Michigan, the Court addressed whether e-mails sent by public employees on the public body’s e-mail systems were automatically considered "public records" under the FOIA.
The Michigan Court of Appeals has affirmed a trial court's denial of a landlord's motion for summary disposition, holding that black ice on an apartment complex stairway created a question of fact whether the landlord breached its statutory duty to keep the premises fit for their intended use.
The Supreme Court’s December 2008 decision in Chambers determined that an internal incident report that a municipality’s employee prepares – without more – does not satisfy the plaintiff’s duty to give notice of its upcoming lawsuit.
It has long been the case that cities would force township residents to pay more for water service than city residents, despite the fact that it may not cost any more to provide the service.
The use of e-mail has also caused additional issues with respect to recordkeeping and responding to the Freedom of Information Act requests.
In 2008, Michigan became the 13th state to legalize medical marijuana.
The Michigan Legislature has enacted Public Act 496 to revise the rules on dissolving a park commission.
Generally, meetings of public bodies must be open to the public pursuant to the requirements of the Open Meetings Act (“OMA”), MCL 15.261 et seq.
In early October, the Michigan Court of Appeals struck down a township zoning ordinance that regulated the sale and distribution of agricultural pesticides and fertilizers.
Michigan Court of Appeals has upheld a township’s decision to reject an application by a religious organization for a variance to construct a building for worship purposes – even though that building would be used for other uses
The Federal Trade Commission issued a statement announcing that it will delay enforcement of the Red Flag Rules for those entities under the FTC’s jurisdiction by six months.
The FACT Act stands for the Fair and Accurate Credit Transactions Act of 2003.
At their September meeting, the State Tax Commission adopted the position that every city and township should levy and collect the one percent administration fee as authorized under Michigan statute.
In a very significant March 31, 2008 opinion, a divided Sixth Circuit Court of Appeals panel in Thompson v North American Stainless, LP, expanded the class of persons protected from retaliation under Title VII.
On July 3, 2008 the United States Court of Appeals for the Sixth Circuit held that ordinance enforcement officers conducting warrantless searches may face personal liability under the Civil Rights Act for violating the Fourth Amendment.
On March 13, 2008, Governor Granholm signed into law Senate Bill 206, creating the Michigan Planning Enabling Act, which takes effect on September 1, 2008.
The Michigan Court of Appeals very recently issued a perhaps-controversial opinion that highlights the importance of municipalities identifying sound rationales when enacting new zoning ordinances so as to avoid infringing citizens’ Constitutional rights.
Earlier this month, the Governor signed into law a series of bills, the purpose of which is to improve the efficiency, accessibility and effectiveness of the Michigan Tax Tribunal.
A recent Michigan Supreme Court decision has held as unconstitutional a provision of Michigan statute which allowed assessors to treat public-service improvements, such as water, sewer or utility services, as "additions" for purposes of calculating taxable value.
The Governor recently signed Senate Bill 206 unifying the three current planning acts for municipalities, townships, and counties into a single Michigan Planning Enabling Act.
In a recent case before the Michigan Supreme Court, Houdini Properties, LLC v City of Romulus, a landowner had requested a use variance to erect a billboard on its property.
In January, 2008, a series of three bills were introduced that would substantially change the means by which a township could establish certain special assessment districts.
A recent published Michigan Court of Appeals case narrowed the State Tax Commission’s interpretation of when the transfer of a joint tenancy ownership interest results in the uncapping of a property’s taxable value.
With a Presidential election occurring this year, many Townships are in the process of determining whether to ask voters to approve extra-voted millages or bond proposals.