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 MorePhone 517.381.0100
High Contrast
We are involved in our communities, our profession, and our clients' associations and activities.
After adopting a new ordinance or an amendment to an existing ordinance, a municipality must publish notice of the new legal obligations in a local newspaper. The Notice of Adoption (“NOA”) informs citizens of the Township’s action by giving a summary and each section of the ordinance with a catchline. See MCL 41.184(3). The NOA also determines when the new ordinance or amendment will be in force. The effective date is usually 30 days after publication, MCL 41.184(2)(a), but charter township ordinances follow a different procedure and can be effective at publication, MCL 42.22.
For zoning ordinances, “a notice of ordinance adoption” similarly must be published. Among other things, it must provide “a summary of the regulatory effect of the amendment” and the “effective date” of the ordinance or amendment. MCL 125.3401(9).
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
Read MoreThe First Amendment limits how Michigan municipalities and townships may regulate private speech, but it does not limit their own speech. Th...
Read MoreIn the private sector, the First Amendment does not apply. However, in the public sector, employees have First Amendment rights that may pro...
Read MoreAt 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.