Is a local ordinance valid if it...
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
Read MoreOur Feed
We are involved in our communities, our profession, and our clients' associations and activities.
Does our township have to proceed with a special assessment project under Act 188 if we receive a property owner petition for the project?
No. The common township special assessment statute, Act 188 of 1954 (“Act 188”), allows property owners to submit petitions to a township for the purposes of proceeding with a project (e.g., road paving, sidewalks, and streetlights, among many others). See MCL 41.723(4).
Unlike other statutes that mandate action upon receipt of a petition (e.g., the Michigan Zoning Enabling Act requiring referendum elections on zoning ordinances or amendments), Act 188 does not require a township to proceed with the assessment process for a project if it does not want to. See MCL 41.724(1).
Recent Articles & Announcements
-
-
Drawing the Line: Government Spe...
The First Amendment limits how Michigan municipalities and townships may regulate private speech, but it does not limit their own speech. Th...
Read More -
Do employees have First Amendmen...
In the private sector, the First Amendment does not apply. However, in the public sector, employees have First Amendment rights that may pro...
Read More
Talk to an Attorney
Request a ConsultationAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.
