Overview
As the leader of the firm's Municipal Practice Group, Mike Homier focuses his practice in the areas of municipal law, public finance, zoning and land use as well as related litigation. Mike serves as general counsel for municipalities throughout Michigan, and has extensive experience representing counties, cities, villages, townships, libraries and municipal authorities facing a wide array of different legal challenges. In this capacity, he regularly handles high profile and sensitive issues.
Distance is not an obstacle to providing efficient and effective services, as Mike and his colleagues address day-to-day legal needs through the use of the telephone, video-conference, email and the Internet.
Mike has successfully helped municipalities in the planning and regulation of many commercial and residential developments. In addition to his planning and zoning expertise, he has gained significant experience in public finance and has served as issuer's counsel and bond counsel in several sophisticated projects. To keep on the cutting edge of this ever-changing discipline, Mike is a member of the National Association of Bond Lawyers and is listed in the "Red Book."
Mike is a skilled litigator who has extensive municipal litigation and prosecution experience. For many years, he was assigned as a special prosecutor by the Michigan Department of Labor and Economic Growth prosecuting occupational code violations and currently serves as lead prosecutor for many of the firm's municipal clients. Regardless of the type of litigation, Mike concentrates on obtaining client-driven results working closely with the municipality's administration to obtain the best results at the lowest reasonable cost.
Honors & Recognitions
Former Member of Foster Swift Executive Committee
"Top Lawyer", Grand Rapids Magazine, 2022 in Municipal Law
Affiliations
Memberships & Affiliations
Legal Affiliations:
- American Bar Association
- State Bar of Michigan
- Grand Rapids Bar Association
- Ingham County Bar Association
- ACADEMIC POSITION: Western Michigan University Thomas M. Cooley Law School, Adjunct Professor of Zoning and Land Use Planning
Industry & Professional Associations:
- National Association of Bond Lawyers
- Michigan Association of Municipal Attorneys
Community Involvement:
- Caledonia Planning Commission, Former Member
- Caledonia Zoning Board of Appeals, Former Member
Experience
Representative Matters
- In a unanimous opinion issued April 13, 2023, the Michigan Court of Appeals held in favor of the City of East Lansing in a class-action lawsuit related to electric franchise fees. Heos v City of East Lansing, Court of Appeals Case Nos. 361105, 361138. The Court of Appeals reversed earlier decisions of the Ingham County Circuit Court, which had granted summary disposition to plaintiff James Heos and other similarly situated Board of Water and Light customers. The Court of Appeals directed the circuit court to instead enter summary disposition in favor of the City on remand.
In reaching this decision, the Court of Appeals held that plaintiff’s claim under the Headlee Amendment to the Michigan Constitution and his similar equitable claims were untimely because they were not filed within one year after the franchise ordinance was adopted. The Court of Appeals further held that plaintiff could not bring an action under the 1905 Foote Act because the Foote Act only applies to electric utility providers, not electric customers. Consequently, the City was entitled to dismissal of all of plaintiff’s claims. The opinion is available online here. - Implementing a development and finance plan for improvements to two major roads that resulted in nearly $10 million of public improvements at no cost to the taxpayers, including as the Township's bond counsel for nearly $7 million of special assessment bonds.
- Negotiating and implementing an action plan to avoid substantial fines levied by the EGLE for violating ground water discharge limitations.
- Negotiating a settlement of zoning litigation on favorable terms that also extended sanitary sewer service to an adjacent subdivision at a substantial reduction in cost to the homeowners.
- Getting involved in litigation arising from the Township's sewer expansion through the County Board of Public Works which had the effect of ending protracted and costly litigation.
- Working with the Fire Chief to achieve a lower interest rate for financing the Township's aerial platform truck saving taxpayer dollars.
Communications
Publications
- Michigan Attorney General Issues New Opinion Regarding Virtual Public Meetings Under the Michigan Open Meetings Act and Americans with Disabilities Act, Foster Swift Municipal Law E-blast, February 9, 2022
- Eligible Municipalities Encouraged to Register in Historic Opioid Settlement, Foster Swift Municipal Law News E-blast, December 6, 2021
- Governor Temporarily Suspends Certain FOIA Deadlines, Foster Swift Municipal Law News E-blast, April 6, 2020
- Executive Order 2020-15 Concerning OMA and COVID-19, Foster Swift Municipal Law News E-blast, March 19, 2020
- Zoning for Dollars, Michigan Township Focus Magazine, February 2020
- State Senate Bill Threatens to Undermine Existing Municipal Contracts, Foster Swift Municipal Law News, November 12, 2018
News & Events
Speaking Engagements
- Small Box Discount Retailers & Big Dollar Zoning Issues, Michigan Townships Association Annual Conference, April 26, 2022
- Meeting Myths, Mysteries and Misconceptions, Michigan Townships Association (MTA) Conference, April 21, 2021
- Cost Recovery Options (And Hurdles!), Michigan Township Association (MTA), Emerging Issues in Emergency Services, September 25, 2019
- Alternative Energy Regulation Tips, 2018 MTA Annual Conference: Michigan Townships Association, April 25, 2018
- Drafting and Policing Developments, Developers and Development Agreements, 2018 MTA Annual Conference: Michigan Townships Association, April 24, 2018
- Contracts, Agreements & Handshakes…Oh My! Township Supervisors’ Professional Development Retreat, July 27, 2017
News
- City of East Lansing Prevails in Electric Franchise Fee Appeal, April 14, 2023
- Foster Swift Wins Victory for City in Marihuana Ordinance Appeal, Foster Swift Municipal Law News, July 18, 2022
- Foster Swift Elects EC Members for 2022, February 21, 2022
- Grand Rapids Attorneys Listed as 2022 Top Lawyers, November 17, 2021
- Firm Elects EC Members and Practice Leaders in 2021, February 17, 2021
- Foster Swift Participates at the 2020 MTA Conference, Foster Swift Municipal Law News, February 16, 2020
- Foster Swift Secures Victory for Coloma Charter Township after Long Running Battle over Gun Range, March 30, 2018
Practice Areas
Education
Michigan State University College of Law, J.D., 1999, magna cum laude
University of Arizona, B.A., 1995
Bar and Court Admissions
Michigan
U.S. District Court for the Western District of Michigan
U.S. District Court for the Eastern District of Michigan
U.S. Sixth Circuit Court of Appeals
U.S. Supreme Court