“Generative tools may assist, but they can never replace the moral nerve that transforms thought into advocacy. Before this Court, artificial intelligence is optional. Actual intelligence is mandatory.” Mattox v. Prod. Innovations Rsch., LLC, 807 F. Supp. 3d 1341, 1354 (E.D. Okla. 2025) (Roberson, J., ordering sanctions) Ask a litigator about AI use by their…
Responding to the Rise of AI Use by Pro Se Litigants
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A property owner is building a greenhouse on their farm and claims Michigan’s Right to Farm Act protects them from our zoning ordinance. Does the RTFA override our setback and accessory structure placement requirements?
Not necessarily. The Right to Farm Act protects qualifying farm operations from nuisance lawsuits, but it does not exempt property owners from zoning ordinances that govern the location of farming structures or operations. In Lamb v. Crofoot, No. 25-1313, 2025 U.S. App. LEXIS 30453 (6th Cir., Nov. 19, 2025), a property owner began constructing a…
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Franchise Advertising Regulations: What Franchisors Need to Know Before Promoting the Franchise Opportunity
Advertising a franchise opportunity is not like advertising a product. When a franchisor promotes the sale of franchises, whether on a website, in a brochure, through a broker, or in a thirty-second social clip, that communication is regulated by the FTC and, in most states with franchise laws, by state rules with their own filing…
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Can a voter’s eligibility be challenged based upon their appearance?
No. A voter’s eligibility can only be challenged if a challenger has good cause to believe that they are (1) not registered to vote; (2) less than 18 years old on Election Day; (3) not a United States citizen; or (4) has not lived in the city or township where they are attempting to vote…
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Prosecutorial Discretion vs Selective Enforcement: Picking and Choosing Code Enforcement Cases
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 topic where ordinance violation complaints become weaponized by feuding neighbors, where there are questions regarding whether a township should be actively policing violations even where there have been no complaints,…
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Spring Cleaning Your Employee Handbook
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 flip phone in a smartphone world – it technically works, but it is not doing you any favors. Having and regularly updating your employee handbook and policies are important for…
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As a township or city clerk, when do I have to certify ballot question language to the County Clerk for the August 2026 election?
The Michigan Election Law requires that local clerks certify ballot question language to the County Clerk no later than the 82nd day before the election. MCL 168.646a(2). The August 2026 election is set to be held on August 4, 2026. Therefore, any ballot questions for the August election, including those related to millages, referendums, and…
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FSBR Expands Planning Services with the Addition of AICP-Certified Planner and Attorney Wayne Beyea
Fahey Schultz Burzych Rhodes PLC is pleased to announce the expansion of its municipal and land use planning services with the addition of Wayne Beyea, AICP, to the firm’s Municipal Practice Group. Wayne brings more than 35 years of experience in zoning, land use law, and community and economic development throughout Michigan. As both a…
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Drawing the Line: Government Speech and Public Forums
The First Amendment limits how Michigan municipalities and townships may regulate private speech, but it does not limit their own speech. This means municipalities and townships are constitutionally free to decide the messages they wish to convey and the viewpoints they choose to express through their official channels and on their own property. Complications arise,…
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Municipal Governance: Seven Essential Tools to Strengthen Your Community
Many local governments are missing key policies and ordinances that could dramatically improve the general welfare of the community. Far too many local governments are leaving valuable tools on the table. These missed opportunities can impact everything from effective land use management to fostering transparency in local government. Drawing from our extensive work with municipalities…
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Municipal Civil Infraction Citations: Ten Tips for Code Enforcement
Municipalities and their residents want to ensure that ordinances are enforced to promote the general welfare of the community. The process of prosecuting most ordinance violations in court involves civil infraction citations and is statutorily provided for in the Revised Judicature Act, Chapter 87. In this month’s E-Letter, we present ten tips for code enforcement…
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Michigan Public Cemeteries: Municipal Control & Liability
Numerous state statues grant municipalities the authority to create and manage public cemeteries. This e-letter explores concepts related to municipalities operating local cemeteries, including legal principles relating to burial space ownership and new case law concerning legal liability in the event of burial mistakes. MUNICIPAL CONTROL OF CEMETERIES Michigan treats the purchase of a cemetery…
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Review Your Tips Processes Now or Pay Later, Part 2: Diving into the Tip Pool
In Part 1 of our 3-part series reviewing tipping rules under the Federal Fair Labor Standards Act (“FLSA”) and Depart of Labor’s (“DOL”) Tip Rule, we discussed when payments to employees constitute “tips,” when an employee is considered a “tipped employee,” and an employer’s related minimum wage obligations. In Part 2 of the series, we…
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Election-Related Freedom of Information Act Requests: Common Examples and Best Practices
Municipalities have a clear statutory duty to respond to Freedom of Information Act (“FOIA”) requests related to public records concerning the administration of an election. By appropriately responding to such requests, municipalities can build trust between their residents and local government leaders while avoiding unnecessary litigation. This E-Letter specifically explores election-related FOIA requests by discussing…
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Is It Time to Refresh the Privacy Notice? Potential Legal Implications of Failing to Provide An Accurate and Compliant Website Privacy Notice
Introduction A common staple of any business’s website is the business’s website privacy notice or privacy policy. In a landscape of increasing enthusiasm for openness about businesses’ collection and use of personal information from regulators and consumers alike, businesses must stay cognizant of the content of their privacy notices. Not only do Federal and state…
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The First Amendment Revisited: Municipal Regulation of Speech, Censuring Board Members, and Regulation of Art
While local governments have constitutional and statutory authority to regulate matters within their jurisdictions, those powers are not without limits. Governmental regulations can be called into question when they implicate the First Amendment. This E-Letter will discuss recent court decisions dealing with the First Amendment and how those cases could pertain to your municipality. Those…
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Employee Classification – Understanding the Differences between an Employee and an Independent Contractor Under Michigan Law
The distinction between employees and independent contractors continues to be hotly discussed in both business and legal circles – and with good reason. Though the line separating these classifications may not always be clear, the consequences for misclassification can be disastrous, ranging from failure to pay minimum wage, failure to pay employment taxes, carry or…
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Avoiding Shareholder Liability for Corporate Actions Under Michigan Law
Corporations are generally treated as their own “legal persons,” separate and distinct from their individual owners. A primary feature of this separate treatment is that corporations’ debts and obligations belong to the entities themselves – not their individual owners. Courts refer to this legal distinction between the business entity and its owners as the “corporate…
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A Township’s Guide to Protecting Attorney-Client Communications
Townships are public governmental entities. As such, Townships have practical and legal implications that require them to transact business in the open and with transparency. In transacting Township business, Townships frequently are advised by their township attorneys. These attorneys provide advice through various communications, which may include emails, letters, and texts. Townships may then internally…
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Will COVID Continue to Impact My Township in 2022?
Unfortunately, all indications suggest that COVID-19 will continue to play a major role in your township’s operations in 2022, from conducting meetings to setting employment policies. Read on for more information about how you can best prepare to deal with these ongoing, ever-changing developments. Open Meetings Act: Limitations on Meeting Electronically The Open Meetings Act…
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Beginner’s Guide to Conquering Large-Scale FOIA Requests
Attention FOIA Coordinators! Have you ever received an extensive Freedom of Information Act (“FOIA”) request that leaves you wondering how you should respond? As the individuals tasked with answering your municipalities’ requests for information, you may be questioning whether you even have adequate time or resources to answer large-scale requests. This e-letter will address how…
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Defending Tax Appeals
Now that Notices of Assessment have been issued and March Boards of Review have been completed, Townships should start preparing to defend 2021 property tax appeals. This E-Letter (and our May Webinar) will address the “what,” “when,” and “how” for Townships to be prepared to receive, handle, and defend property tax appeals that are filed…
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Michigan Legislature Passes Bill to Extend Provisions for Public Bodies to Meet Remotely under the Open Meetings Act
On December 9, 2020, the Michigan Senate voted 36-1 to pass Senate Bill 1246 (2020), a bill to amend the Open Meetings Act and extend the dates during which public bodies can meet remotely for any reason until March 30, 2021. The House voted to pass the bill on December 16, 2021, by a vote…
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2020 Property Tax Update
The State Tax Commission (“STC”) is a three-member commission appointed by the Governor. The STC is the authority charged with supervising the administration of the property tax laws in Michigan. In 2020, the STC released bulletins that provide guidance to assessors of local units of government. In this E-Letter we discuss and highlight Bulletin 08:…
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2020 Election Issues Update
With the 2020 General Election only days away, it is important to have an up-to-date understanding of all laws, court cases, and regulations that may impact your polling place. This E-letter will provide an overview of the latest developments that could potentially impact your operations, and inform you of the current state of the law…
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2019 Review of the State Tax Commission Bulletins
The Michigan State Tax Commission (“STC”) is authorized to provide advise to municipal assessors. Each year the STC provides guidance through bulletins. In 2019, the STC released several bulletins that highlight procedural changes for assessors and county equalization directors (Bulletin 14) and the inflation rate modifier used in the assessing processing (Bulletin 15). STC Bulletins…
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Can a county commissioner from a charter township also hold a seat on an ordinance writing committee for general law townships?
You have asked whether a county commissioner from a charter township may also hold a seat on an ordinance writing committee for general law townships. The Incompatible Public Offices Act (the “Act”) prohibits a public officer from holding two or more incompatible offices at the same time. Under the Act, two public offices are incompatible…
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Assessing Reform Under New Michigan Law — PA 660 of 2018
For years, the State Tax Commission (STC) used a “14-point review” evaluation process to enforce statutes, administrative rules, and court decisions on the local townships, counties, and cities. A common complaint about the 14-point review was that the state standards were not clear, making compliance difficult. The 14-point review was replaced with the Audit of…
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Impacting Wetlands: How to Handle Township Projects that Require Wetland Mitigation
In an effort to preserve wetlands, restrictions and conditions have been placed on the use and development of wetland property in the form of wetland mitigation. Unfortunately, abiding by these stringent mitigation requirements can cause municipal projects to become more complicated, expensive, and time consuming. This E-Letter highlights township involvement in wetland mitigation and benefits…
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Township Property Tax Update
The Michigan Tax Tribunal (“MTT”), Attorney General’s Office, and State Tax Commission (“STC”) released updates regarding property tax issues and procedures this year that can help townships in the new year. In addition, the Court of Appeals and Supreme Court have recently released property tax-related decisions that may impact how townships are assessing properties for…
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Does Your Township Need a Solar Ordinance?
In an effort to promote renewable energy within Michigan, the Legislature passed Public Act 342 in 2016. This Act amended Michigan’s Clean and Renewable Energy and Waste Reduction Act, originally passed in 2008. The Amendment promoted growth in Michigan’s renewable energy industry. Wind farms were developed throughout the state. More recently, townships are seeing a…
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Is Your Personnel Policy Manual Out-Of-Date?
We have often heard Township Officials state that they do not need an Employee Handbook or a Personnel Policy Manual because “We are a small Township with only a couple of employees,” or “Our Fire Department is all volunteers and they have their own Policies,” or “We adopted our policies years ago and they still…
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Property Tax Update
The Michigan Tax Tribunal (“MTT”) released updates regarding the 2016 calendar year and new procedures for 2017. In this E-Letter we discuss and highlight those updates. In addition, we highlight some recent, relevant decisions of the Michigan Court of Appeals. Michigan Tax Tribunal Updates MTT by the numbers for 2016 5,800: open cases at the…
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The New Law On Commercial Medical Marihuana Facilities
After years of uncertainty about the voter-initiated Medical Marihuana Act, last month the legislature took a big step toward clarification in the Medical Marihuana Facilities Licensing Act (“MMFLA”). The MMFLA allows commercial medical marihuana facilities for the first time, but licenses and taxes them. The new law permits townships to choose whether they want commercial…
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Big Box Stores: Finding New Solutions
In our March E-Letter, we recounted the serious setbacks that big box stores have been handing to taxing jurisdictions in the Michigan Tax Tribunal (MTT) for the last five years. The MTT has been assigning low taxable values to big box stores by comparing them to “dark” stores that sold for lesser uses. But recently…
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The Big Box Store Pandemic Has Slashed Tax Base for Townships Due to Michigan Tax Tribunal Rulings
For over five years, the Michigan Tax Tribunal (MTT) has been ruling against townships, sending the message that big box stores are not worth what they cost to build. The MTT has been assigning low taxable values to big box stores by comparing them to “dark” stores that sold for lesser uses. Several court cases…
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Drain Code Basics: Ten Things Townships Should Know
Michigan’s drainage laws originated well before it achieved statehood, but are no historical artifact. Despite the long history of drainage law, many of the basic legal principles and procedures regarding drains are interrelated with Township activity. These laws are compiled in the Michigan’s Drain Code, which constantly evolves to meet the State’s needs. This E-Letter…
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State Tax Commission Update
A new tax year is upon us! Last December, the State Tax Commission (“STC”) released several new bulletins that provide guidance to assessors of local units of governments. In this E-Letter we discuss and highlight those bulletins. In addition to the new information regarding property taxes, we would be remiss to not highlight the recent…
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Beware: Franchise Sales Are Regulated Transactions
Fast Facts: Many professional athletes are investigating franchising as professional careers beyond sports. Franchise sales are transactions regulated by the Federal Trade Commission and various states. Franchisors must provide a franchise disclosure document to prospective franchisees before the sale of a franchise. The 52nd Annual Convention of the International Franchise Association (IFA) held in February…
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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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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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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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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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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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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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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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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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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…
