2025 Zoning Cases Review, Part II: The Nonconforming Use Doctrine

Recent legal developments by the Michigan courts regarding the Freedom of Information Act (FOIA) have both helped determine the scope of the statute and presented new legal challenges for public bodies. In 2020, the Michigan Supreme Court issued a decision now requiring certain municipal attorneys to be subject to FOIA disclosure requirements. The impacts of…

The novel coronavirus (COVID-19) has changed the landscape for individuals and businesses. Townships are no different. Daily practices—whether personal or professional—are disrupted due to the widespread impact of COVID-19. Government directives from the Governor of Michigan and state and federal agency guidelines are treating municipal entities differently, however, as essential local operations and activities that…

  Townships operate according to their annual appropriations resolution, from spending public funds to providing public services. Many of these public expenditures are clearly lawful, such as purchasing a fire truck or paying the hourly wage of township employees. Yet, there are other expenditures that arise in the normal operation of a township that routinely…

Townships should assess their policies and practices related to controlling Township cyberattacks and inadvertent disclosure of data. With the growth in the internet and rise in identity fraud, Townships should secure data and minimize the risk of unauthorized access or inadvertent disclosures. In this E-Letter, learn the importance of assessing Township security risks, leveraging exemptions…

Further exploring the topic of recent zoning and planning decisions discussed in our June 2019 E-Letter (available here), the Michigan Court of Appeals issued other decisions that Townships should read. This month’s E-letter further explores additional court decisions from both the Michigan Supreme Court and Michigan Court of Appeals that impact final decisions of the…

In 2018, Michigan voters approved the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”), which became effective December 6, 2018. Since the enactment of the MRTMA, the Marihuana Regulatory Agency (“MRA”) has been directed to establish rules for the upcoming deadline when applicants can first apply for licensure to operate adult use (“recreational use”) marihuana…

In the last year, the Michigan Court of Appeals has already issued multiple decisions that impact planning and zoning within townships. These issues come before the appellate courts quite regularly as zoning decisions that result in a denial can cause the aggrieved party to file suit. The decisions that result from such litigation may require…

Effective June 14, 2018 the State issued new lead and copper rules for water supplied to the public. The new rules will phase in new lead action levels, redefine what constitutes a “service line” and a “lead service line,” mandate new reporting, sampling, and line replacement requirements, as well as create water system advisory councils…

Township officials are elected to township boards every four years. Townships are operated and governed by township boards, which are structured to be responsive to the residents of the township. Often, township boards are required to take certain actions that are necessary to preserve the health, safety and welfare of township residents. The residents, however,…

As 2018 came to a close, the Legislature rapidly passed a number of new laws, many of which impacted Michigan’s many townships.  These laws addressed issues ranging from anonymous FOIA requests from requestors like “Emily,” to fireworks regulations, assessing, and even drones! This E-Letter is designed to update you on these changes, so you can…

During the 2018 lame duck session, many bills were introduced, and some passed, attacking the authority of local government. Senate Bill 637 was one of those bills that did pass and was signed by Governor Snyder. It may have the greatest impact on all townships in 2019 as it opens miles of township rights-of-way with…

Initiated Law 1 of 2018, the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) legalizes the cultivation, possession, and use of marihuana by adults over the age of 21. Essentially, recreational use of marihuana is legalized under state law. Michigan is the first state in the Midwest to legalize recreational use. Unfortunately, the language in…

Two recent cases from the Michigan Court of Appeals dramatically undercut many municipalities’ use of zoning power to require permits or fees and control the location of caregivers and qualifying patients under the 2008 Michigan Medical Marihuana Act (“MMMA”). The limitations of these powers is in the wake of a potential shift towards legalization of…

Townships have been increasing information accessibility by providing information online through websites and social media platforms, including Facebook, Twitter, Instagram, Pinterest, LinkedIn, and YouTube. In 2015, the Legislature amended the Freedom of Information Act to account for the application of technology in government transparency. The added efficiency and outreach achieved with forms of online media…

Townships frequently contract with cities and villages for water and sewer service. In some cases, cities and villages demand township residents pay substantially more for the same sewer and water service than city and village residents pay. Sometimes, cities and villages charge township residents twice as much as city or village residents. Discriminatory and excessive…

Since the legislature adopted the Medical Marihuana Facilities Licensing Act (“MMFLA”) establishing commercial medical marihuana facilities for the first time, the State of Michigan has created an agency, the Bureau of Medical Marihuana Regulation (“BMMR”), and directed the BMMR to establish emergency rules for the upcoming deadline when applicants can first apply for state licensure…

Laws that apply to townships are changed frequently by the Legislature and the courts. This month’s E-letter focuses on decisions handed down by the Michigan Court of Appeals that may cause changes as to how some townships are currently operating.  Some of the most interesting decisions from the last year address the enforcement of blight…

Since the legislature adopted the Medical Marihuana Facilities Licensing Act (“MMFLA”) establishing commercial medical marihuana facilities for the first time, townships have been discussing locally whether to allow such facilities within their jurisdictions. The State of Michigan has also been busy preparing for the upcoming deadline when applicants can first apply for state licensure to…

Many townships continue to struggle with ordinance enforcement. There are multiple reasons, including knowledge of the enforcement process, staffing, and costs. As those townships that have become embroiled in enforcement litigation are aware, the litigation costs can be significant and the results may not meet expectations. Many townships are left soured after their initial foray…

When regulating property, townships face difficult decisions. Although townships may wish to rely on their police power to enact and enforce ordinances promoting the health, safety, and general welfare of their residents, they must be sure to do so without violating a citizen’s due process rights or other relevant law. Recently, the Michigan Court of…

Like many aspects of township law, developments in technology and the prevalent use of email and cellphones has made compliance with the OMA increasingly complex. Typically, these developments occur in court cases, which can involve differing opinion as to how this statute applies to new technology. This E-Letter summarizes the significant OMA decisions regarding these…

Like many aspects of Township law, recent legal developments under the Freedom of Information Act (FOIA) have made it increasingly complex to be in compliance with these statutes. The Michigan courts released several significant decisions addressing the FOIA. The courts continued with last year’s theme, continuing to enforce the longstanding principle that the FOIA is…

Many townships in Michigan struggle with cable franchise requests, either as new requests for franchises or renewals of current franchises. Some of these requests come from cable service providers referencing federal laws and procedures, while others are referencing state laws and procedures. Even more confusing, the occasional cable service provider contacts a township asserting rights…

Returning with our second part on township law legal updates, we review decisions impacting township authority to regulate local concerns provided under constitutional and statutory authority. This authority is not always specific, however, and the Legislature and courts are frequently called upon to clarify municipal authority. This month’s E-letter focuses on decisions handed down by…

Laws that apply to townships are changed frequently by the Legislature and the courts. This month’s E-letter focus on decisions handed down by the Michigan Court of Appeals impacting zoning and planning. As economic activity increases, so do requests for zoning action. Some of the most recent developments in the last year provide assistance to…

Townships often use police power ordinances for the regulation of noise. But noise regulation presents unique problems in determining how to objectively determine when a certain noise reaches the threshold of being too loud for a community. In addition to the standard issues of authority and reasonableness inherent in any kind of regulation, noise regulations…

In September, we issued Part I of our series on Township Law Legal Updates, which you can find in the Township Law Resources section of our website. This year the Township Law Legal Update has been divided into two updates, as numerous developments in the law have occurred that could not all be addressed in…

Recently the economy has seen an uptick and property values are restoring, as well as townships’ tax basis.  Prior to this resurgence, however, the 2007-2009 economic collapse caused substantial foreclosure rates, devastating some communities and leaving unoccupied vacant structures.  In other communities, a few vacant properties with overgrown lawns and an accumulation of trash were…

Laws that apply to townships are changed frequently by the Legislature and the courts. The courts hand down new interpretations that must be followed by township officials on a regular basis. Some of the most recent developments in the last year are discussed for the benefit of township officials in this first part of a…

Although personal property tax has seen significant revisions by the Legislature in the past two years, collection of personal property tax remains an issue for many Townships. Townships often focus on real property tax calculation for prudent reasons. Namely, delinquent personal property tax collection in any jurisdiction is typically a small amount compared to the…

Although wind turbines have been used for centuries, recent advancements in technology have made wind turbines a viable source of alternative renewable energy. The increase in demand for energy produced from wind has caused a proliferation of commercial-scale wind farms in Michigan. The location and siting of large wind turbines in a small area may…

Private disputes can arise quickly and turn once-friendly neighbors into plaintiffs and defendants. In an effort to avoid being involved in costly litigation, townships should understand the common property disputes and have a general knowledge of those disputes and the proper way to handle them to avoid getting into trouble in the process. In this…

With growth in the labor force and manufacturing industry, townships are seeing more interest in tax abatement opportunities. Tax abatements are a reduction of, or exemption from taxes granted by the government. While local tax abatements are limited, there are some state-level tax abatements available under the Plant Rehabilitation and Industrial Development Districts Act, PA…

The laws that apply to townships are unique and not well understood by ordinary citizens and even most lawyers. These laws are also constantly developing, with new interpretations being handed down by the courts on a regular basis. Some of the most recent developments in this changing body of law are discussed for the benefit…

Many townships have been following legal developments under the MMMA since its 2008 enactment. The Michigan Supreme Court just decided a case that further clarifies the options available for local regulation of medical marihuana. Although townships now clearly cannot impose a total ban on medical marihuana uses and activities, the Supreme Court has left open…

Like many aspects of Township law, recent legal developments under the Open Meetings Act (OMA) and Freedom of Information Act (FOIA) have made compliance with these statutes increasingly complex. Typically, these developments occur in court cases, which can involve sometimes shifting interpretations of these statutes, or in new legislation that changes the provisions in the…

Part 2 of our Zoning and Land Use update is here. Our 2013 series on recent zoning and land use law developments concludes with this E-Letter. Zoning and land use law constantly changes, and interest in land development has returned to Michigan, as evidenced by our jam-packed October and November E-Letters. With the state’s economy…

The challenges of zoning and land use regulation continue to change as the law develops. Some of the recent legal developments stem from new statutes. Others derive from technological advancements that pose new issues for regulation and for the interpretation of old statutes to new and changing concepts. Still other changes result from the unique…

Most Townships are familiar with the regulation of communications broadcast and cell towers and it is common for zoning ordinances to regulate the location, height and other aspects of those structures. Recently, however, we have noted that several Townships are attempting to apply similar regulations to the smaller towers typically installed on premises that are…