This edition of the E-Letter provides you with an update on developments in the area of property tax law. As you will see, there have been recent decisions of the Michigan Supreme Court and Court of Appeals covering a variety of property tax matters. We hope that this information will help you in any current…
Property Tax Legal Update
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Under the recent amendments to the Michigan Freedom of Information Act (FOIA), now effective July 1, 2015, does the township have to create a website to post meeting notices?
No. The website-related requirements under FOIA only apply if the township actually has an official internet presence. But, a township that “directly or indirectly administers or maintains an official internet presence…” must satisfy the website-posting requirements. This includes the requirement to post online the township’s procedures and guidelines for FOIA requests. Further, any record available…
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Regulating Signs
Townships often use zoning ordinances and police power ordinances for the regulation of signs. But sign regulation presents unique problems not encountered in the regulation of other land uses. In addition to the standard issues of authority and reasonableness inherent in any kind of land use regulation, signs raise issues of free speech and expression…
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Client Congratulations!
The franchise lawyers at Fahey Schultz Burzych Rhodes PLC would like to congratulate our client and friend, Bridgett Tubbs-Carlon, a recent award recipient of EY’s Entrepreneur of the Year. On June 11, 2015, she was awarded the 2015 Entrepreneur of the Year award in the Michigan and Northwest Ohio region for her role as founder…
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I think I want to “protect” my name. What should I do?
Question: I have been using my business' name for 3 years. I think I want to “protect” my name. What should I do? Answer: Your business’ name is a trademark. A trademark is a word, slogan, logo, or other indicia of the source of the goods or services. A trademark used in commerce informs the…
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Do the amendments to the Michigan Freedom of Information Act (FOIA) allow verbal requests of documents?
Generally, FOIA requires that a request of “public records” be in “writing.” A “writing”, as defined by FOIA, does not include a verbal request. The amendments to FOIA, however, do address verbal requests and place a minimal onerous on township employees to respond. If a verbal request is made, the township employee must inform the…
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How to Regulate Wind Energy Projects
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…
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DTE Energy Retiree Joins Fahey Schultz Burzych Rhodes PLC
Bruce R. Maters has joined the Okemos, Michigan law firm, Fahey Schultz Burzych Rhodes PLC, focusing on public utility regulatory and energy law as well as environmental law. After over thirty years with the state’s largest public utility company, DTE Energy, Bruce has joined the firm’s Public Utilities and Energy Practice Group, where he will…
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Ethical Considerations for Township Officials
Michigan law imposes some clear standards and other less-defined standards of conduct for township officials. Violations of these standards of conduct may have civil or criminal consequences. Adhering to these standards of conduct can avoid political turmoil, legal proceedings and civil or criminal liability. Newspaper headlines sometimes highlight public board members doing wrong, injuring the…
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I often am confused as to when the Township Board should act through a resolution or through an ordinance. Specifically, can a Township Board change an ordinance by adopting a resolution?
The confusion is understandable as the township board is often addressing resolutions and ordinances in the same meeting. For instance, the township board passes an ordinance adopting the municipal civil infraction system, but adopts a resolution setting the schedule of fees for the issuance of citations under that ordinance. Why? The principle guiding whether to…
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Can the township reject applicants who did not, or will not, disclose disabilities, religious practices or pregnancy that may interfere with their ability to do their job?
Applicants are not legally required to share this type of information with the employer before being hired. The township may not discriminate against a job applicant—or employee—because of his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Those are called “protected classes” in employment law—and…
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Changing Retiree Health Benefits–Can It Be Done?
Retiree healthcare benefits are a massive liability that place great stress on already-stressed municipal budgets. Unpredictable changes in healthcare costs and modifications to the health insurance industry under the Affordable Care Act have rendered many existing employee benefit packages unsustainable or even unavailable, leaving townships to question what can be done to reduce cost or…
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Cooley Law School Professor Joins Fahey Schultz Burzych Rhodes PLC
John S. Brennan has joined the Okemos, Michigan law firm, Fahey Schultz Burzych Rhodes PLC as a litigation professional focusing on civil litigation handled by the firm’s growing business and municipal practices. He becomes the 12th attorney at the law firm, which now serves more than 150 municipalities, drain commissioners, libraries and public authorities, as…
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Selecting a franchise consultant and a franchise lawyer
Question: I think I want to franchise my business, but I need some help. How would I select a franchise consultant and a franchise lawyer? Answer: First, understand that franchising is a business growth strategy and foremost, a business relationship. Not all franchise agreements and structures are the same, nor should they be, given this…
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Franchised Business Congratulations!
The franchise lawyers at Fahey Schultz Burzych Rhodes PLC would like to congratulate our client and friend, Bridgett Tubbs-Carlon, for being recognized for the success of her franchised business, Gilden Woods. Tubbs-Carlon was featured in the March 2015 Grand Rapids Business Journal’s Top Women Owned Businesses edition as well as the March 2015 publication of West…
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If a township adopts a new zoning ordinance or amends its current zoning ordinance, how does that create a nonconforming use?
If a township adopts a new zoning ordinance or amends its current zoning ordinance, how does that create a nonconforming use? Legally existing uses of land prior to a new or amended zoning ordinance that are not in compliance are considered to be nonconforming uses. A nonconforming use is a vested right in the use…
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2015 Employment Law Update: Part I
Effective township governance includes the responsibility of being an effective employer. This responsibility requires townships to face many concerns that other employers face in the management of employees. In this first part of our two-part series on effective employment practices, we look at some common employment issues that can turn into traps for townships and…
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How do you see the decisions of the Tax Tribunal, Court of Appeals and Supreme Court of Michigan affecting not only the income of the townships but the state’s tax base going forward?
Any decision of the Tax Tribunal, Court of Appeals or Supreme Court adjusting values on a township’s tax roll will impact the township as well as the other taxing entities, including the state (State Education Tax). In larger cases like the “big box” appeals, potential lost revenue from large, multi-million dollar reductions in taxable value…
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Private Disputes: When Should the Township Get Involved?
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…
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FSBR Attorneys Present at MTA’s 2015 Annual Educational Conference
Come meet our township attorneys as they discuss hot topics during the educational sessions for township officials at the MTA’s Annual Educational Conference & Expo. The conference will be held January 27-30, 2015 at the DeVos Place in Grand Rapids. Our township attorneys will be speaking on the following topics. Click on each attorney’s name to…
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The National Labor Relations Board and Franchisors/Franchisees
Question: I understand that the National Labor Relations Board (“NLRB”) is taking some action against franchisors and franchisees, arguing that franchisors and franchisees are jointly liable for employment practices of the franchisees. Is there an update? Answer: Yes. The franchise industry is under attack by the NLRB. On December 19, 2014, the NLRB Office of…
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In October, you addressed 10 common myths of the Freedom of Information Act. How will the recent amendments to FOIA impact my township?
The good news is that the advice provided in the October E-Letter is not altered by the recent legislative amendments. You can read those 10 common myths here. The recent legislative amendments, however, primarily impact townships with respect to recovering costs for responding to FOIA requests, increased fines for failing to follow FOIA, and requirements…
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Township Considerations when Providing Industrial Property Tax Abatement and Incentives under PA 198 of 1974
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…
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Is a township subject to any penalty or sanction if it fails to comply with the Public Act 152 of 2011, but does not receive Economic Vitality Incentive Program (EVIP) payments?
Act 152 of 2011 expressly limits public employer payments of annual healthcare premium costs for its employees. The Act strictly limits the amount townships may contribute to total annual health care premiums, based either on a “hard cap” or what’s known as the “80/20” plan. Townships, however, may choose to exempt themselves from the Act’s…
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Common Open Meetings Act Myths
As most township officials know, there are numerous requirements to consider in complying with the Open Meetings Act (OMA). Many of the compliance requirements have become common knowledge among township officials. However, some widely accepted beliefs regarding the OMA are nothing more than myth! The following “myths” have been inspired by actual events and Court…
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McDonald’s and the National Labor Relations Board
Question: I am hearing a lot of talk about the McDonald’s case at the National Labor Relations Board. What is going on and should I be worried? Answer: On July 29, 2014, the National Labor Relations Board (NLRB) general counsel announced that he is authorizing complaints in 43 unfair labor practice cases which allege that…
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Can township trustees attend township meetings by phone or teleconference?
Yes. Although the Attorney General ruled in 1977 that telephone conferences could not meet Open Meetings Act requirements, the Court of Appeals disagreed in a later case. In Goode v Dept of Soc Services, 143 Mich App 756, 759-60; 373 NW2d 210 (1985), the Court said: “We find no problem with the holding of hearings…
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Common Freedom of Information Act Myths
Last month we asked our readers whether their townships had Freedom of Information Act (FOIA) policies. Fifty-eight percent of the responses indicate that township FOIA policies have all been updated within the last five years, which is great! Many of the compliance requirements for FOIA have become common knowledge and will be incorporated into these…
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Fire Department Financing and Cost Recovery
There are three general sources of funds for financing fire department operations: taxes, special assessments and fees. No single one of these sources is exclusive, and many townships rely to some extent on each of these funding sources for their fire departments. However, each source of funding provides its own advantages and disadvantages, as well…
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Burzych is “Lawyer of the Year”
A member of the Okemos-based law firm of Fahey Schultz Burzych Rhodes PLC, has been selected as “Lawyer of the Year” by peers for inclusion in the 21st Edition of The Best Lawyers in America, which is published by U.S. News annually. Mark J. Burzych has been named the Best Lawyers’ 2015 Lansing metropolitan area…
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2014 Township Law Update
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…
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A competitor is using my name and trademark in a domain name, is there anything I can do?
Question: I noticed that a competitor is using my name and trademark in a domain name on the internet. Is there anything I can do? Answer: The Internet Corporation for Assigned Names and Numbers (ICANN) has a Uniform Domain Name Dispute Resolution Policy (UDRP). The UDRP sets forth a dispute resolution policy that allows you…
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Special Assessments For Roads
Most Michigan residents can probably agree that something needs to be done to improve our crumbling roads. But after much talk in Lansing, we still do not have comprehensive reform for road funding. In August and November this year, many townships are going to the polls to seek or renew substantial road millages. But without…
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Do We Need A FOIA Policy?
Michigan townships commonly adopt policies covering a wide range of subjects. Some are required, but others are just a good idea. For example, with requests for township records, the Freedom of Information Act (FOIA) does not mandate a policy, but if you want to recover your reasonable costs of responding to such requests, a policy…
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Prospect questions regarding franchising a brand, what should I tell them?
Question: Recently, I have been discussing with some prospects about franchising my brand. They want to know how much they can make operating one of my restaurants. What should I tell them? Answer: It makes sense that a prospective franchisee would want to first know how much they can make operating your franchise. However, remember…
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2014 Property Tax Update — Part II
Last month, our E-Letter focused on some of the recent developments in property tax law. This month, our E-Letter addresses additional developments in property tax law, more changes at the Tax Tribunal, and an update on personal property taxes. In addition, this E-Letter includes an important update on Federal Flood Insurance reforms. Changes at the…
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2014 Property Tax Update–Part I
It is property tax time again! As Boards of Review close and assessment rolls are finalized, it’s time for another Property Tax Update. This E-Letter focuses on recent developments in property tax law, changes in procedures at the Tax Tribunal, the Walgreens personal property appeals, and an update on Big Box appeals. Knowing about these…
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Are there any new developments in franchise sale regulation?
Question: Are there any new developments in franchise sale regulation? Answer: There is something we are watching that will change the way franchisors draft their Franchise Disclosure Documents (FDD). In October 2013, The North American Securities Administrators Association (loosely, the association of state regulator) issued a Proposed Multi-Unit Commentary to change the way that franchisors…
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2014 Michigan Medical Marihuana Act (MMMA) Update
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…
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2014 Choosing Your Township Attorneys
Michigan townships currently receive legal counsel from more than 250 attorneys and law firms around the state. Township attorneys and law firms come from all parts of Michigan, and reflect a broad range of sizes, fees, services and experience. This E-Letter offers practical advice on what kinds of information you should request and consider when…
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Annual updating process for FDD’s
Question: Will you please explain the annual updating process for my Franchise Disclosure Document? Answer: This is the time of the year when all franchisor Franchise Disclosure Documents need to be updated. The Federal Trade Commission’s Franchise Rule requires that all franchisors update their FDDs within 120 days of their fiscal year end. However, some states…
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2013 Open Meeting and Freedom of Information Update
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…
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2013 Township Zoning and Land Use Update – Part 2
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…
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Concerns with the sale of gift cards?
Question: With the holiday season approaching, what do I need to be concerned about with the sale of gift cards? Answer: According to the National Restaurant Association, the size of the restaurant gift card industry is fast approaching $5 billion per year. Despite the fact that gift cards have become increasingly popular, restaurant owners engaged…
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2013 Township Zoning and Land Use Update – Part 1
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…
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Understanding the Right to Farm Act
Michigan enacted the Right to Farm Act more than 30 years ago to protect farmers from lawsuits by neighboring property owners. The law was amended in 1999 to extend this protection to ordinance enforcement actions by local governments. Despite its long history and some general familiarity with the law, many details about the Right to…
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How do I begin the process of franchising?
Question: I just opened my second restaurant and in the first 2 weeks I’ve been open, more than 20 customers have asked whether they can buy a franchise! What do I need to do to get the ball rolling? Answer: You’re in luck! On October 15, 2013 at the MRA Restaurant Show in Novi, Michigan, I…
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2013 Regulating Receiving Antennas Under The “OTARD” Rule
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…
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2013 Township Law Update
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 below for the…
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Michael Cole Joins FSBR
Fahey Schultz Burzych Rhodes PLC welcomes Michael J. Cole to the law firm to join the firm’s business practice, trained in franchising, intellectual property, liquor licensing, and general business law. He becomes the 10th attorney at the Okemos law firm, which opened in 2008 and now serves a growing number of franchising and other businesses,…
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Bath Charter Township retains FSBR
The Bath Charter Township Board has voted unanimously to hire the Okemos law firm of Fahey Schultz Burzych Rhodes to serve as the Township’s legal counsel. The vote occurred at the Board’s July 15 regular meeting following its review of proposals from four area law firms. Bath Charter Township provides a wide range of public services to…
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Can I choose to franchise only in Michigan?
Question: I want to franchise my restaurant, but only in Michigan. Can I do that? Answer: Yes, but you have to be very careful. As we have discussed in previous columns, the offer and sale of franchises is regulated by the Federal Trade Commission and 15 various states, including the state of Michigan. In order for you…
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2013 Labor and Employment Law Update
There are a great number of Michigan and federal anti‐discrimination laws that affect townships in their role as employers. Of course, the details of these laws fill volumes of legal treatises. This E-Letter highlights a few important points—and recent developments—for the benefit of township officials. Whistleblowers Protection Act Claims The Whistleblower statute has received a…
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Big Changes in Liquor Licensing
Michigan’s liquor licensing rules have changed significantly under the direction of a new Chairman of the Michigan Liquor Control Commission (“MLCC”). Reforming the liquor licensing system to create a more business-friendly regulatory scheme has also led to changes in the role townships play in liquor licensing. This E-Letter highlights the changing role of townships in the…
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Is my restaurant design protectable under the law?
Question: The theme of this Restaurateur is “Restaurant Design.” Is my restaurant design protectable under the law? Answer: Generally, yes, under numerous theories, two of which I discuss here. First, you may be able to protect the architectural design of your restaurant, if you own the design drawings. In 1990, Congress enacted the Architectural Works Copyright Protection…
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2013 Township Property Tax Update
It is property tax time again! Your board of review just finished mulling over property owners’ annual filings last month, commercial and industrial appeals to the Tax Tribunal are due May 31, and agricultural and residential appeals to the Tribunal will be due July 31. Since our last update on property tax law, there have…
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NACUFS Retains FSBR
The National Association of College & University Foods Services has retained FSBR to serve as the Association's Legal Counsel. Steve Schultz will serve as lead counsel to the Association along with Mark Burzych. The NACUFS membership consists of approximately 550 institutions of higher education from across the U.S. and Canada, and nearly 500 industry members…
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FSBR Welcomes Christopher Patterson to the Firm
Fahey Schultz Burzych Rhodes PLC welcomes Chris S. Patterson to the law firm to handle municipal and intellectual property matters. He becomes the 10th attorney at the firm, which opened in 2008 and now serves more than 100 townships, cities, villages, counties, drain commissioners, and public libraries. Chris is a Michigan native from the Thumb…
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Follow up on Affordable Care Act advice?
Question: I have some follow up questions to your column last edition. Is counting up my Full Time Equivalent (“FTE”) employees as easy as counting 1 FTE for every 2 part time employees? Can I escape the Affordable Care Act by segregating my employees into different employers? Finally, I have a lot of seasonal employees. Is…
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Advice on Affordable Care Act?
Question: I know you’re an expert in franchise law, but can you give me some advice on the new Affordable Care Act? Answer: Absolutely. The employer mandate portions of the Affordable Care Act will become effective on January 1, 2014, but some provisions went into effect January 1, 2013! If you filed more than 250…
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How do I incorporate training into my systems?
Question: How do I incorporate training into my systems? Answer: Training is critical element of integrating a new franchisee into your system. And a franchisee’s training of its employees in integral to the franchise system’s success. At the MRA Show last month, we were lucky enough to have Dave Hood, President of iFranchise Group (www.ifranchisegroup.com),…
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FSBR to Host Free Workshop for Township Officials
Township Friends, The elections are finally over. Welcome to (or back to) the Township Board! Make sure you and your new township board colleagues are ready to respond to township challenges by attending our free 1/2 day workshop on Wednesday, December 5, in Okemos. Fahey Schultz Burzych Rhodes PLC is holding this workshop for new…
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How should I assist my franchisees with the operations of the franchised location?
Question: How should I assist my franchisees with the operations of the franchised location? Answer: Systemized Operations … the hallmark of a successful franchise system. What are “systemized operations?” Since you are in the restaurant industry, you probably notice the little things when you visit restaurants. When you visit a franchised restaurant, you probably notice…
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Four Members are “Best in America”
Four members of Fahey Schultz Burzych Rhodes PLC have been selected for inclusion in the 2013 edition of the national publication, The Best Lawyers in America. The attorneys included are William K. Fahey, Land Use & Zoning Law, Energy Law, and Appellate Practice; Stephen O. Schultz, Employment Law – Management and Labor Law – Management;…
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Burzych Appointed to MRA Board
Mark Burzych, founding partner of Fahey Schultz Burzych Rhodes PLC, has been named to the Michigan Restaurant Association Board of Directors.
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How should I assist my franchisees with the site selection process?
Question: How should I assist my franchisees with the site selection process? Answer: After the process of selecting the proper franchisee, site selection is the next most important decision you and your franchisee must make! The site selection process requires that you (1) understand your customers; (2) understand your new market; and (3) understand the…
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If I sell a franchise, how can I assure a franchisee will follow the system?
Question: Once I sell a franchise, how can I assure that the franchisee will follow the system? Answer: A franchisee will want to follow the system because they have spent considerable time researching (1) the industry or market segment; (2) opening up an independent business operation in your market segment; (3) other franchise opportunities in…
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Steve Schultz Speaks on Ethics in Government
Recently, Steve Schultz addressed the Michigan Municipal Treasurers Association's annual Institute on the topic of Ethics in Local Government. The half-day session in Mount Pleasant on April 23, 2012, examined both the legal underpinnings of ethical conduct and the practical problems faced by municipal officials in dealing with unethical conduct. The session kicked off the…
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FSBR Sponsors Regionalism Forum
Fahey Schultz Burzych Rhodes PLC proudly sponsors its fifth annual Lansing Economic Club Regionalism Forum on May 10, 2012, at the Kellogg Center in East Lansing. Panelists at the Forum will include Doug Rothwell, President & CEO, Business Leaders for Michigan; Eric Scorsone, Extension Specialist, State and Local Government Program, Michigan State University; and Carmen…
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Bill Fahey Presenting to American Public Works Association
On May 24, 2012, Bill Fahey will speak to the American Public Works Association on Intergovernmental Collaboration, Cooperation and Consolidation. Local governments and agencies are finding new ways to cooperate with each other to stretch limited public funds and allow projects to be undertaken that would not be feasible for any single municipality. Fahey is…
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Ross Bower Named a “Top 5 Under 35” Attorney
Ross K. Bower II has been recognized as one of the “Top 5” attorneys under the age of 35 in Ingham County for 2012. The award recipients were selected by the Board of Directors of the Ingham County Bar Association and recognized at the Association's Third Annual Barristers Night on March 22, 2012. The Board…
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Township Law E-Letter Marks 4th Anniversary and Circulation of 2,000
The Township Law E-Letter, published monthly by Fahey Schultz Burzych Rhodes PLC, recently celebrated two significant milestones. Edited by the firm's founding member, Bill Fahey, this publication has produced timely and essential legal information for Michigan township officials every month for the last four years. Its circulation also now reaches more than 2,000 township officials….
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Fahey Co-Writes Michigan Municipal Law Treatise
Bill Fahey is co-author of the upcoming Michigan Municipal Law treatise chapter on Conflict and Cooperation Between Local Governments. The chapter reflects Fahey's 35 years of experience representing municipalities in matters involving annexation, detachment, city incorporation, and intergovernmental cooperation. The new legal treatise will be the first of its kind to be published by the…
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Bower and Mills Serve as Judges at Mason High School Simulated Hearings
FSBR attorneys Ross Bower and Helen “Lizzie” Mills recently served as judges for the Mason High School Simulated Congressional Hearings. During the hearings, the students gave presentations on the effect of colonial experiences on the Founders' views about rights and government and answered questions from the panel of judges.
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Steve Schultz to Address Michigan Association of Municipal Clerks
On March 20, 2012, Steve Schultz will address the “Master Academy” of the Michigan Associaion of Municipal Clerks at its conference in Mt. Pleasant. As part of a full-day seminar entitled “Consolidation and Collaboration of Public Services,” Steve will address the legal considerations that must be addressed in forming intergovernmental agreements to provide public services.
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How Can I Protect My Franchise from Being Copied By Franchisees?
Question: I want to franchise my business, but want to protect myself from a franchisee who tries to copy my system. Can I do that? Answer: Yes. Your franchise documents should contractually protect your system from renegade franchisees. But first, be reminded of our discussions of designing your franchise system. Recall that in designing your…
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Burzych to Facilitate a Business Roundtable at the International Franchise Association Annual Convention
On February 14, 2012, Mark Burzych will facilitate a “Business Roundtable” at the International Franchise Association's Annual Convention in Orlando, Florida. Mark will facilitate a discussion among franchisors and IFA suppliers on the topic of franchise laws and “Disclosure Issues Related to Promotional Franchise Sales Incentive Programs.” The group will discuss business, legal, and regulatory…
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Annual Expenses for Franchisors
Question: If I want to franchise my concept, I understand that I need to have federally registered trademarks, my systems documented, and my franchise disclosure document prepared, among other things. Are there ongoing expenses to franchising? Answer: Yes, the Federal Trade Commission’s Franchise Rule requires annual updates. The Franchise Disclosure Document is a snap shot…
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FSBR Attorney Presents at Property Tax Appeals Seminar
FSBR attorney Ross Bower recently spoke at the “Property Tax Appeals” Sterling Education Services seminar in Southfield, Michigan. Ross presented on the topic of Tribunal Trials to a group of brokers, real estate investors, property agents, and attorneys. The specialized areas of tax and special assessment appeals have quickly become a large part of the…
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FSBR Lawyers Judge Statewide Middle School Debate Competition
FSBR lawyers Helen “Lizzie” Mills and Ross Bower recently served as judges for the Michigan Youth in Government competition at Cooley Law School. Youth in Government is a program sponsored by the YMCA of Michigan for middle school students. The students participated in the Contemporary Issues Forum, which includes a debate on a current issue….
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Why Franchise a Business?
Question: I have been reading with interest the series in the Michigan Restaurateur on how to prepare a concept for franchising. I understand that I need to develop my brand, systems, operations and unit economics. I understand that I need to duplicate my concept in different markets. I also understand that I need to federally…
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Fahey Schultz Firm is First Tier Best Law Firm
Fahey Schultz Burzych Rhodes PLC has been ranked by the U.S. News – Best Law Firms as a First Tier firm in eight practice areas for 2011 – 2012. The firm has been recognized for its expertise in Administrative/Regulatory Law, Appellate Practice, Employment Law – Management, Energy Law, Franchise Law, Government Releations Practice, Labor Law…
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Burzych Appointed to Committee
Mark J. Burzych, a founding partner of the Okemos-based law frim Fahey Schultz Burzych Rhodes PLC, has been selected to serve on the Office of Regulatory Reinvention's Liquor Control Advisory Rules Committee. Mr. Burzych, along with the other appointed members of the committee, will assist the Office of Regulatory Reinvention in reviewing Michigan's liquor control…
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FSBR Members are “Best in America”
Three members of the Okemos-based law firm of Fahey Schultz Burzych Rhodes PLC, have been selected for inclusion in the 2012 edition of the national publication, The Best Lawyers in America. The attorneys included are William K. Fahey, Administrative/Regulatory Law, Appellate Law, Energy Law, Land Use and Zoning Law and Litigation – Land Use and…
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U.S News Names Schultz Employment Lawyer of the Year
Best Laywers, the oldest and most respected peer-review publication in the legal profession, has named Stephen O. Schultz as the Lansing-area's 2012 “Lawyer of the Year” for the representation of Management in Employment Law. After more than a quarter of a century in publication, Best Laywers is designating “Lawyers of the Year” in high-profile legal…
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Burzych and Schultz to Present at Upcoming Michigan Restaurant Show
Mark Burzych will present a seminar entitled “How to Design Your Brand For Franchise Success” to the Michigan Restaurant Association at the Michigan Restaurant Show on October 18, 2011 at 11:00 a.m. at the Suburban Collection Showplace in Novi, Michigan. Stephen Schultz will present a seminar entitled “An Industry Guide to Avoiding Costly Management Mistakes” to the…
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Breaking News: New State Law Limits Employer Contributions to Public Employee Health Insurance
Strategic Partner Analysis Download the full analysis Governor Snyder is expected to sign a new law that will limit public employer contributions to employee health insurance, effective January 1, 2012. This law will apply to all public libraries in the state. The “Publicly Funded Health Insurance Contribution Act” provides two mechanisms that limit employer contributions…
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Steve Schultz to Co-Facilitate Intergovernmental Cooperation Workshop
On August 18, 2011, FSBR attorney Steve Schultz, together with well known municipal consultant, Lew Bender, Ph.D., will facilitate a full-day workshop: “Consolidating Local Governmental Services: Effective Approaches and Strategies.” The workshop will be held at the Comfort Inn Hotel & Conference Center in Mount Pleasant, Michigan and will cover a variety of topics related to…
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Steve Schultz to Present at MATS Educational Conference
Steve Schultz will be one of five speakers addressing the upcoming 2011 Fall Education Conference of the Michigan Association of Township Supervisors on October 19, 2011. Steve will discuss the labor and employment implications of Service Consolidation among municipalities. Following his presentation, he will also participate in the “Ask the Experts” portion of the Conference….
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How to Prepare a Concept for Franchising: Franchise Disclosure Documents
Question: I have been reading with interest the series in the Michigan Restaurateur on how to prepare a concept for franchising. I understand that I need to develop my brand, systems, operations and unit economics. I understand that I need to duplicate my concept in different markets. I also understand that I need to federally…
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How to Prepare a Concept for Franchising: Developing Trademarks
Question: I have been reading with interest the series in the Michigan Restaurateur on how to prepare a concept for franchising. I understand that I need to develop my brand, systems, operations and unit economics. I also understand that I need to duplicate my concept in different markets. What else should I consider before I…
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How to Prepare a Concept for Franchising: Duplicating Your Concept
Question: I have been reading with interest the series in the Michigan Restaurateur on how to prepare a concept for franchising. What else should I consider before I franchise my concept? Answer: In December, we focused on brand development and what makes a brand unique. In February, we discussed systems development, emphasizing the need to…
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Steve Schultz and Ross Bower participate in Young Lawyer Training Event
Ross Bower, who serves as President of the Young Lawyers Section of the Ingham County Bar Association, recently organized a Young Lawyer Training seminar held at Thomas M. Cooley Law School to offer guidance and mentoring to new lawyers. The event, which drew over 40 young lawyers from the mid-Michigan area, included presentations by several…
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Steve Schultz Presented to Municipal Clerk's Basic Institute
Recently, Steve Schultz was a featured speaker at the Michigan Association of Municipal Clerk's Basic Institute at the Comfort Inn in Mt. Pleasant. The Institute was attended by over 100 municipal clerks and deputies from around the state. Steve presented a half-day session on the Michigan Freedom of Information Act and the Open Meetings Act,…
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Ross Bower had busy fall with the Young Lawyers Section of the Bar Association
FSBR attorney Ross Bower, President of the Ingham County Bar Association's Young Lawyers Section (YLS), led YLS in numerous community service activities this fall, including the annual Horn of Plenty drive and judging a mock congressional hearing for local public school students. The Horn of Plenty program involved collecting food, clothing, and monetary donations for…
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Bill Fahey, Steve Schultz and Stacy Hissong to present sessions at the MTA's Annual Educational Conference
FSBR attorneys Bill Fahey, Steve Schultz and Stacy Hissong are slated to present educational sessions at the Michigan Townships Association's annual conference in Grand Rapids on January 26 and 27, 2011. Bill, a founding member of FSBR, will be presenting on the topic of “Getting Your Agreement on Paper.” He will be explaining how townships…
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Ross Bower speaks to Drain Commissioners' Association about FOIA
Recently, FSBR attorney Ross Bower gave a presentation about the Freedom of Information Act (FOIA) to members of the Northwest District of the Michigan Association for County Drain Commissioners. The event was attended by contractors, engineers, and attorneys, in addition to drain commissioners. Ross's presentation focused on the basics of FOIA, compliance with FOIA, and…
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FSBR Associate Attorney Employment Opportunity
OKEMOS AV-Rated Law Firm has an immediate opening for an Associate Attorney with 2-5 years experience to join a growing law practice. Position will focus on Trademark and copyright prosecution and litigation, Franchise, Corporate, Liquor Licensing and Administrative law. Qualified Candidates should have experience in trademark, copyright, corporate and business law and be members of…
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FSBR to Present Free Seminars at Michigan Restaurant Association Show
Please join us at the Michigan Restaurant Show on October 19 and 20, 2010 at the Rock Financial Showplace in Novi, Michigan. Show Floor hours are 10:00 am – 5:00 pm on October 19 and 10:00 am – 4:00 pm on October 20. We will be in Booth 123. See www.michiganrestaurantshow.org We are also pleased…
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Rhonda Mask Named Legal Professional of the Year for Lansing Area
Rhonda Mask, a Paralegal with the firm, has been named “Legal Professional of the Year” by the Lansing-area Chapter of the National Association of Legal Professionals (NALS). The award was announced at the Association’s Annual Awards Night and Installation of Officers Dinner on April 15. The award recognizes a legal professional from the Association who…
