Under Michigan law, municipalities are empowered to enact regulations for the public health, safety, and welfare. The scope of this regulatory authority is broad, and many municipalities implement this power to impose controls on noise. However, complications may arise in determining how to regulate noise. Sound can be particularly difficult to measure accurately, and sensitivity…
To dB or not to dB? Recommendations for Regulating Noise
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My Township Got Sued? Now What?
Litigation is almost always stressful, costly, and time-consuming. Most townships seek to avoid litigation where possible, but in some instances it is unavoidable. If your township is served with a lawsuit, it is important to have a plan and to take the appropriate steps in response, as failing to do so can have serious ramifications…
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Zoning Litigation – Enforcement in Circuit Court
Introduction As we have explained at length in prior E-Letters, the enforcement of zoning violations is often best accomplished through the streamlined municipal civil infractions process. This process is simple, cost-effective, and quick. However, due to its simplicity and the limited nature of the proceedings before the district court, civil infractions are not always the…
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Regulating Off- and On-Premises Signs: Can it be Done?
Does your municipality’s Zoning Ordinance regulate off- and on-premises signs? The constitutionality of these types of signs has been an open question since 2015 when the United States Supreme Court issued a decision regarding content-based restrictions on signage in Reed v Town of Gilbert. The Supreme Court recently clarified the scope of its holding in…
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Getting the Most out of Civil Infractions: Violation Notices, Informal Hearings, Warning Letters and Consent Judgments
Many townships have adopted municipal civil infractions ordinances to provide for the streamlined enforcement of township ordinances in district court. However, even with this simplified process, enforcement can be an uphill battle. This E-Letter explores a few lesser-known tips and strategies that can save time and money while still getting results. A Quick Primer on…
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Content-Based Regulations of Signage
Recent federal court decisions have redefined the limits of the First Amendment’s protections of signs across the country and in Michigan, so municipal review of such regulations is certainly timely. In light of Reed v Town of Gilbert, Ariz, a recent sign decision, Justice Kagan of the United States Supreme Court opined that “many sign ordinances ….
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Year in Review: 2020 Zoning and Planning Court Decisions
Every year Michigan courts decide cases involving zoning and planning. 2020 was no different with several interesting cases deciding important zoning and planning concepts. Not all of these decisions created new law, but highlight important zoning and planning concepts that Townships deal with daily. This month’s E-Letter specifically highlights zoning and planning decisions related to…
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Short-Term Rentals: What You Need to Know
“Short-term rentals” (“STRs”) generally refer to houses offered for temporary rental occupation, often facilitated by websites such as Airbnb, HomeAway and VRBO. The issue has gained significance in many communities, creating a hotly debated discussion over whether these uses are already allowed throughout various residential districts, and, if they are not allowed, whether a township…
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The Present and Future Regulation of Mining Operations
The siting of mining and extraction operations, such as gravel pits, can often be the source of great controversy. Although many residents view the proliferation of these land uses as damaging to adjacent properties, mining operations are considered valuable to state infrastructure and the economy according to certain interest groups. Due to this value and…
