In our township, we continue to receive multiple FOIA requests a week, and it is very difficult to process those requests and get the documents to the requestor within five days. Are we required to produce the documents this quickly?

No, a Duplex is typically two principal dwellings on the same parcel, which can be either attached or detached from one another. An ADU must remain “accessory” to the principal dwelling, which usually results in ADUs being subject to a maximum square footage requirement. This square footage maximum could be a flat number (e.g. not…

More recently, accessory dwelling units (“ADUs”) have become a focus with increased housing availability and demands. Many have raised questions regarding whether ADUs can alleviate housing shortages or be an answer to providing some affordable housing stock. ADUs and the policy considerations surrounding whether they should be allowed and how to allow them has been…

Generally, yes. The Township needs to consider implications from the Incompatible Public Offices Act, MCL 15.181 et seq. Generally, a public official may not hold two offices which results in any of the following: (i) The subordination of 1 public office to another. (ii) The supervision of 1 public office by another. (iii) A breach…

A community may penalize ordinance violations through the municipal civil infraction process as provided under Michigan law. MCL 600.8701 et seq. A municipality that penalizes ordinance violations as municipal civil infractions may establish a municipal ordinance violations bureau and issue municipal civil infraction notices that are payable directly to the municipality upon an admission of…

No. Elected officials are not employees under the Earned Sick Time Act and will not be entitled to paid sick time. Appointed officials in a policymaking role (planning commissioners, members of the zoning board of appeals, board of review) are similarly not employees entitled to paid sick time. On the other hand, appointed officials in…

A new mandatory paid sick time law will go into effect for all Michigan employers next year. After a lengthy legal battle, the Michigan Supreme Court held in July that the Earned Sick Time Act (“ESTA”) will take effect February 21, 2025, replacing the Paid Medical Leave Act. The ESTA is a broad, employee-friendly law…

Negotiating and drafting municipal construction contracts can be a stressful process for Board or Council members, even when ignoring the legal hurdles and risks that lie in wait. That anxiousness increases when elected officials aim for a level of transparency that allows the public to easily understand the municipality’s project and goals. In the midst…

Generally, no. And, we advise against it. Townships always need to be cautious of creating any board, commission or committee that is undertaking governmental functions that the public body would otherwise engage, such as considering governmental policies and regulations that would impact short-term rentals. Practically, it also can be far more transparent and cost-effective to…

Yes! Although PA 233 will provide a mechanism for developers to bypass local zoning regulations in most circumstances in the Michigan Public Service Commission when it becomes effective, that process is optional. Developers and utility companies may prefer to utilize the traditional local zoning review process for renewable energy projects regardless of the effectiveness of…

In this month’s E-Letter we will discuss land use approvals with conditions, including the basics, when imposing conditions on land use approvals is allowed, and the legal pitfalls to avoid. First, we will briefly discuss the basics of land use approvals with conditions and where the authority to impose conditions is derived. Second, we will…

No. Where a zoning ordinance has created a permissive zoning framework, if a use is not listed as a permitted use, the non-listed use is prohibited.

Throughout the last year, appellate courts at the state and federal level have decided several decisions that will have a notable impact on townships and municipalities in general. Given the large number of recent municipal cases, this E-Letter could not cover all recent municipal cases over the past year. The cases addressed in this E-Letter…

Several legislative changes to regulation of wind, solar, and energy storage advanced quickly at the end of the legislative session with the aim of setting and achieving a 100% clean energy standard for Michigan’s power grid in less than twenty years. For local governments, the largest impact is on zoning, siting, and regulation of utility…

There are a variety of examples where state law has “preempted” complete local zoning control by townships. These include, but are not limited to, certain transmission lines, cell towers and “small cell” deployments, oil and gas wells, and mineral extraction operations (mining). See e.g., MCL 125.3205.

The public bodies in your Township should follow the requirements of the Open Meetings Act before following conflicting, non-binding guides such as Robert’s Rules of Order. The Open Meetings Act requires that minutes for the public portions of a meeting contain the date, time, and place of a meeting, the members present and absent, any…

Yes and additional guidance is coming. Under the Inflation Reduction Act of 2022  local governments may receive direct payment of tax credits as cash subsidies to fund clean energy-related assets. Three sections of the Inflation Reduction Act grant federal support for some assets contributing to solar fields, geothermal heating, and clean fuel for commercial vehicles….

In this month’s E-Letter we will consider conditional use permits, also known as special use permits, and how your township can create clear decisions in which you can place confidence. First, we will quickly discuss what a conditional use permit is. Then we will cover several best practices to “Do” while also highlighting common pitfalls…

Although townships will often navigate “routine issues,” every so often a township will be faced with a unique issue that may not be adequately addressed by a township ordinance. For example, there may be new development trends for a particular land use in a region that is not provided for in a township’s zoning ordinance….

When a parcel with an existing special assessment is split, the Michigan Land Division Act authorizes a township assessor to apportion unpaid assessments between the newly created parcels under Section 53 of the Michigan General Property Tax Act. See MCL 560.109(1)(i)(ii). Similar to before any division, the apportioned special assessments are treated as liens on…

In this month’s E-Letter we discuss whether a township can enforce its ordinances without involving a court. Often zoning ordinances, nuisance ordinances, and other police powers will purport to contain a “self-help” provision stating that a township can enforce an ordinance violation simply by giving notice to a landowner and an opportunity to be heard….

Yes. A township board typically consists of a supervisor, treasurer, clerk, and two trustees. However, if your township has a population greater than 5,000 at the most recent census (or more than 3,000 registered electors) then two additional trustees may be added, bringing the board total to seven individuals. See MCL 41.70.

Yes. The Michigan Planning and Enabling Act seeks to have municipalities that have exercised their zoning powers to conduct a review of their master plans every five years. Thus, it will be of value for you to look at reviewing your master plan consistent with the Planning and Enabling Act. Many townships conduct this process…

Throughout the last year, the Michigan Court of Appeals and the Michigan Supreme Court have decided several decisions that will have a notable impact on townships and municipalities in general. Given the large number of recent municipal cases, this E-Letter could not cover all recent municipal as a whole. However, our December 2022 E-Letter addressed…

No. Whether a special use permit is approved by the Township Planning Commission or recommended by the Planning Commission with approval by the Township Board depends on a Township’s own zoning ordinance. The Michigan Zoning Enabling Act, Section 504, only requires that the approval standards be set forth in the Township zoning ordinance. Section 502…

In the last year, the Michigan Court of Appeals and Michigan Supreme Court have issued multiple decisions that impact townships. Although this month’s E-letter could not cover all of those decisions, the E-Letter discusses five very notable decisions based on their substantial impact on townships not only in 2022, but in future years to come….

Nomenclature. A SUP is a “Special Use Permit.” A CUP is a “Conditional Use Permit.” A SLUP is a “Special Land Use Permit.” Each name captures the same idea. These various “extra” land uses are authorized in the Michigan Zoning Enabling Act, MCL 125.3502(1), however, there is no explicit definition or requirement to use a…

In this E-Letter we will explore the new and expanding area of industrial hemp. Along with the growth of medical and recreational marihuana products, there has been a rekindling of interest in new and traditional uses for hemp plants, in large part due to the popularity of CBD products. We will cover the different state…

Yes, but abandonment is a fact-by-fact basis. Many zoning ordinances will address the principle of abandonment at least with respect to lawful nonconforming uses. The discontinuance of nonconforming uses is often commonplace because of explicit authorization for local municipalities to address such circumstances in the Michigan Zoning Enabling Act: “(2) The legislative body may provide…

A change to state law may soon mean that Michigan employers of all sizes (including townships!) will be required to provide paid sick time to employees. For many Michigan townships, this will be the first time that a state-mandated paid leave will apply to their operations. This E-Letter will discuss a recent Michigan Court of…

Yes. The FOIA states that “if the FOIA coordinator knows or has reason to know that all or a portion of the requested information is available on its website, the public body shall notify the requestor in its written response that all or a portion of the requested information is available on its website.” The…

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…

Not exactly. At-will employment is the default form of employment in Michigan and applies to almost all non-union employees in the state. At-will employment allows either the employer or the employee to terminate the relationship at any time and for almost any reason. Employers may not terminate employees (even those who are at-will) for unlawful…

Public employers (like townships!) are more limited than private employers in the ability to discipline or even terminate their at-will employees, including for what they say or post on social media outside of work hours. The 1st and 14th Amendments to the US Constitution guarantee that federal, state, and local governments will not interfere with…

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…

In Michigan, townships often use special assessments to fund a myriad of improvements ranging from building sidewalks, treating inland lakes for invasive aquatic weeds, and improving roadways to providing police and fire protection. The most common statute for township special assessment projects is Act 188 of 1954, MCL 41.721 et seq., (“Act 188”) which authorizes…

The rule of thumb is 15 business days from the date the request is deemed received under the FOIA, Act 442 of 1976, MCL 15.231 et seq. The FOIA requires a public body to respond to a request for public records within 5 business days after the public body receives the request by either: (1)…

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…

That’s excellent that you are working on reviewing your sign ordinance. Many ordinances still contain content-specific regulations that would not pass constitutional muster, and townships should be reviewing and considering how to revise current provisions to align with First Amendment protections. The constitutionality of on-premise and off-premise sign distinctions has been an open question since…

Almost four years have passed since Michigan voters approved the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”), which became effective December 6, 2018. The MRTMA authorized adult-use marihuana within Michigan, including licensure to operate adult-use marihuana establishments. Since the enactment of the MRTMA, the legal landscape continues to change as municipalities work to implement…

This is a great question! The Michigan Zoning Enabling Act (MZEA) and Michigan Planning Enabling Act (MPEA) both specify that a conflict of interest will require a Commission member to abstain from voting on a matter. See e.g. MCL 125.3601(7) (stating that a member of a Zoning Board of Appeal may be removed for malfeasance…

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…

Today, the Attorney General released an opinion determining that Title II of the Americans with Disabilities Act (“ADA”) requires public bodies subject to the Open Meetings Act (“OMA”) to provide reasonable accommodations to allow elected officials and members of the general public with a qualifying disability to fully participate in meetings if the requirements of…

Yes, recent cases and legislation have impacted the foreclosure process. In a published Court of Appeals decision, the Court analyzed the retroactive application of changes to the tax foreclosure process that occurred under the Michigan Supreme Court’s decision in Rafaeli, LLC v Oakland Co, 505 Mich 429 (2020). Under Rafaeli, our Supreme Court explained foreclosing…

There is something for everyone this month as our E-letter recaps several cases of interest to municipalities. We review the taxes available for levy to charter townships, the importance of zoning definitions and when a land use may become abandoned, the proper determination of when plaintiff must file a sewer overflow case, how to properly…

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…