Does the Board have to respond t...
No, this is generally something that is up to the Board’s discretion. Michigan’s Open Meetings Act (OMA) only requires that memb...
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).
Author
Recent Articles & Announcements
-
-
Prosecutorial Discretion vs Sele...
A common question we get from our clients is whether a township has an obligation to enforce its ordinances. This can be an especially hot t...
Read More -
Spring Cleaning Your Employee Ha...
Is your employee handbook a legal lifeline, a liability labyrinth, or do you operate with no handbook at all? An outdated handbook is like a...
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.
