Section 6.4 of Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) states “[a] municipality may charge an annual fee of not more than $5,000 to defray application, administrative, and enforcement costs associated with the operation of the marihuana establishment in the municipality.” Many municipalities apply this section of the MRTMA to the application and review…
How much can our Township charge for adult-use license types, such as a retailer or microbusiness license?
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Offering Vaccine Incentives to Employees
When the Equal Employment Opportunity Commission (“EEOC”) initially provided guidance outlining how employers could manage employee vaccination back in December, it remained unclear whether (and to what extent!) employers were permitted to offer their employees incentives to encourage vaccination. On May 28, the EEOC finally released guidance clearing this up: employers may offer vaccination incentives….
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Can an overlay zoning district exist as a distinct district for uses within a zoning ordinance?
Yes. An overlay district sits on top of an existing zoning classification and permits additional uses. Overlay districts are particularly helpful in providing specialized zoning requirements for unique land uses from utility scale solar or windfarms to intensive livestock or commercial farming operations to marihuana facilities or establishments. With a renewable energy overlay placed in…
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Regulating Caregivers: What Your Township Can Do
Recent cases from the Michigan Supreme Court and the Court of Appeals have affirmed the authority of townships to regulate Primary Caregiver growing operations under the original Michigan Medical Marihuana Act from 2008 (“MMMA”). Under the MMMA, a caregiver can grow up to 72 plants with minimal state regulation on their activity. Although less intensive…
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Election Law Briefing: Key Points to Consider in Overseeing the Local Ballot Initiative Process
On its face, a local ballot initiative seems like a straightforward process: petitions are circulated, signatures are counted, and ballot language is approved; in reality, there are many factors to consider. Local ballot initiatives are created by individual statutes that do not share uniform processes and requirements. Further, the Michigan Election Law (“Election Law”) imposes…
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Can a township board adjust compensation of board members whenever it chooses?
No. While townships without a compensation commission may increase a board member’s compensation at any time, board compensation can only be decreased during the current term if the board member consents in writing and there is a corresponding reduction in responsibilities and requirements of the job. Board compensation can be decreased to be effective the…
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Update: MIOSHA Emergency Rules to be Extended
In an employment law update we published last week, we told you that the Michigan Occupational Safety and Health Administration (MIOSHA) was considering extending its Emergency Rules for the workplace (available here) for an additional six months. On Monday, April 12, Governor Whitmer announced that that the MIOSHA Emergency Rules would be extended for an…
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Employment Updates: MIOSHA and Unemployment Benefits Matters
MIOSHA WORKING ON NEW COVID-19 RULES The Michigan Occupational Safety and Health Administration (MIOSHA) has started the formal rulemaking process to continue its efforts to mitigate and control the spread of COVID-19 in the workplace. As you know, MIOSHA issued Emergency Rules in October 2020. Although those Emergency Rules are currently set to expire on…
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Is My Township Required to Have an Open Meetings Act (“OMA”) Policy Even If We Do Not Meet Electronically?
The OMA requires public bodies (including township boards) to establish certain procedures to accommodate the electronic attendance of a member(s) of the public body due to military duty, a medical condition, or a statewide or local state of emergency. These procedures set forth how a township will accommodate the electronic attendance, how the absent member(s)…
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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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Renewable Energy Projects – Getting Past Go
Renewable energy projects including utility-scale wind and solar energy developments are becoming more and more prevalent in Michigan. In response to the coronavirus pandemic, Congress passed the Taxpayer Certainty and Disaster Tax Relief Act of 2020 in late December. This Act contains several provisions that will continue the development of renewable energy projects in Michigan….
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What can my township do with leftover Act 188 special assessment funds?
Act 188 of 1954 (“Act 188”) is a statute that many townships use to finance many improvements using special assessments ranging from lake improvements to rubbish collection. See MCL 41.722. Although Act 188 requires townships to approve project costs, there are times when a township may collect more in special assessments from property owners than…
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Fahey Schultz Burzych Rhodes PLC Welcomes 3 New Summer Associates for its 2021 Summer Associate Program
Fahey Schultz Burzych Rhodes PLC is delighted to announce that three new summer associates will be joining the firm for its 2021 summer associate program. Lindsey Gergel is a second-year law student (JD 2022) at Michigan State University College of Law. Lindsey received her undergraduate degree in Political Science from Michigan State University as well. …
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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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COVID-19 Relief: Federal and State Government Provide Economic Aid to Businesses & Individuals
On December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (“COVID-19 Stimulus Act”), authorizing assistance to businesses and individuals impacted by COVID-19, including but not limited to: 1) aid to businesses through the reopening of the Paycheck Protection Plan; 2) expanded unemployment benefits; and 3) direct payments to eligible individuals. Notably, the “COVID-19…
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Governor Signs Two Bills to Update Drain Code
On December 29, 2020, Governor Whitmer signed House Bill 5126 and House Bill 5504 to provide updates to the Michigan Drain Code. House Bill 5126 modernizes certain procedures in the Drain Code of 1956. That same bill also corrects internal inconsistencies within Section 135 of the Drain Code created as a result of recent amendments….
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Does a Township Zoning Board of Appeals have to do more in its final decision than simply stating whether a request is granted or denied?
Generally, yes. Typically, a Township’s Zoning Ordinance will provide for a written standard that must be applied when considering a request for a variance. Note there are certain criteria for variances established in the Michigan Zoning Enabling Act, even if specifics are not provided in the Township’s Zoning Ordinance. See MCL 125.3604. The Zoning Board…
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W-2 or 1099? How to Utilize Independent Contractors Without Putting Your Township at Risk
Many townships rely heavily on independent contractors for township services. Whether the township uses independent contractors to manage and maintain its cemetery, mow its parks, or clean the township hall, independent contractors are important service providers for many townships. Independent contractors are individuals who operate their own business and offer their services to the general…
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Governor Signs Bill Extending Remote Meeting Authority
Since the start of the COVID-19 pandemic, drain commissioners across the state have been holding meetings of their public bodies (including boards of determination and the various drainage boards under the Drain Code) remotely through the use of platforms such as Zoom. This authority was first granted by executive order from the governor and later…
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Update Regarding the Michigan Department of Health and Human Services’ November 15, 2020 Emergency Order
On November 15, 2020, the Director of the Michigan Department of Health and Human Services (“MDHHS”) issued an emergency “Gatherings and Mask Order” (the “Order”). The Order imposes new restrictions on residential and non-residential gatherings and closes certain types of businesses, including bars and restaurants for indoor service, entertainment venues, recreational facilities, and other workplaces…
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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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COVID-19 Employment Law Update
Return to Work After Close Contact The United States Centers for Disease Control and Prevention (“CDC”) recently updated its guidance regarding quarantine periods after a close contact with someone known or suspected of having COVID-19. The CDC previously recommended that those with a close contact exposure quarantine (and either miss work or work remotely) for…
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What is the relationship between Assessed Value, Taxable Value, and True Cash Value or Market Value?
True Cash Value and Market Value have been determined by Michigan Courts to be synonymous terms. The tax statute uses the term True Cash Value. True Cash Value means the price a willing buyer and willing seller would agree to through an arms-length transaction of the subject property as of tax day. Tax day is…
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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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Michigan Department of Health and Human Services (“MDHHS”) Announces New COVID-19 Related Restrictions Amid COVID-19
As of November 14, 2020, the State of Michigan has reported 251,813 cases and 7,994 deaths due to the COVID-19 pandemic. In response, Robert Gordon Director of the MDHHS announced additional COVID-19 related safeguards through a newly promulgated Gatherings and Face Mask Order (the “Order”) on November 15. The Order contains many updates that concern municipalities, including…
