Zoning it Out? – Applying Michigan’s Statutory Exclusionary Zoning Provision

Yes. MCL 15.235(2) lists the options for responding when in receipt of a request made under the FOIA. The FOIA permits a public body to respond by “[i]ssuing a notice extending for not more than 10 business days the period during which the public body shall respond to the request.” There is no requirement that…

We have discussed the Freedom of Information Act (the “FOIA”), Act 442 of 1976, MCL 15.231 et seq., before in other e-letters, including the processing of good-faith deposit requests and election-related requests. Now, this e-letter focuses on and explores further some of the more common basis claimed by municipalities or public bodies for purposes of…

On August 8, President Trump issued an Executive Order and three memoranda with the stated hope of reinvigorating the American economy despite Congress’s failure to strike a deal to relieve the economic impact of COVID-19. Two of the memoranda have potential impact on employers and employees alike. Payroll Taxes One of the memoranda directs the…

Fahey Schultz Burzych Rhodes remains open for business.   These times are unprecedented, and so is our commitment to being here for our clients when you need us the most. In the beginning of COVID-19, we rapidly shifted our attorneys and staff to a work-at-home environment to ensure the safety of our team and the…

Recent legal developments by the Michigan courts regarding the Freedom of Information Act (FOIA) have both helped determine the scope of the statute and presented new legal challenges for public bodies. In 2020, the Michigan Supreme Court issued a decision now requiring certain municipal attorneys to be subject to FOIA disclosure requirements. The impacts of…

From March through June, Governor Gretchen Whitmer issued “Stay-at-Home” orders, restricting those who were not classified as essential workers. With recent restrictions lifted, COVID-19 cases have been increasing. In light of these increases, Governor Whitmer issued two new Executive Orders on July 17, 2020, to combat the spread of the virus. The first, Michigan Executive…

With the Michigan Stay at Home Order being lifted and resumption of operations pursuant to Michigan Executive Order 2020-114, townships now face new challenges as they bring employees back to work. Employees may have concerns or fears about reopening plans, medical challenges, or family care obligations that will impact ability (or willingness) to return to…

Congratulations! You have made it through the hardest part of ordinance enforcement by obtaining a judgment.  But now what? Often obtaining the judgment is not the final step in the process. Many times parties remain at a disconnect following a Court’s final order and compliance does not come voluntarily. This E-Newsletter will examine the appropriate…

Governor Gretchen Whitmer’s March 24 Executive Order 2020-21, mandating that individuals to “stay at home” in response to the novel coronavirus (COVID-19), has now been extended through May 15 by Executive Order 2020-59, with some activities being allowed to slowly and carefully resume. Townships’ in-person government operations are subject to this Order, just as are…

Today, Michigan Governor Gretchen Whitmer issued Executive Order 2020-59, extending and altering the Stay Home, Stay Safe guidelines until May 15, 2020 at 11:59 p.m.  The business community is certainly thrilled to see a mild lift of restrictions there, but the Order does not otherwise change many of the current practices for our public sector clients,…

Nominating petitions are due to be filed by candidates for public office by tomorrow—April 21, 2020. For many candidates, federal, state, and local municipal charters require candidates to obtain a specific number of signatures on a nominating petition. Those signature requirements are designed to show enough interest in and viability of a candidate to be…

The novel coronavirus (COVID-19) has changed the landscape for individuals and businesses. Townships are no different. Daily practices—whether personal or professional—are disrupted due to the widespread impact of COVID-19. Government directives from the Governor of Michigan and state and federal agency guidelines are treating municipal entities differently, however, as essential local operations and activities that…

At 4:46 p.m. March 18, 2020, the Governor issued Executive Order 2020-15, addressing numerous concerns regarding public meetings held during the spread of the novel coronavirus (COVID-19).The Governor’s Executive Order temporarily authorizes remote participation in public meetings and hearing. According to the Executive Order, rules and procedures relating to physical presence at meetings and hearings…

Townships operate according to their annual appropriations resolution, from spending public funds to providing public services. Many of these public expenditures are clearly lawful, such as purchasing a fire truck or paying the hourly wage of township employees. Yet, there are other expenditures that arise in the normal operation of a township that routinely raise…

  Attorneys Mark Burzych and John Forrest attended the 2020 IFA Conference in Orlando, Florida. Simply put, the IFA’s annual convention is franchising’s biggest event for business development and personal growth. It also gives us a unique opportunity to connect with our franchise clients who are in attendance. For the past several years, Fahey Schultz…

The siting of mining and extraction operations, such as gravel pits, can often be the source of great controversy. Although many residents view the proliferation of these land uses as damaging to adjacent properties, mining operations are considered valuable to state infrastructure and the economy according to certain interest groups. Due to this value and…

Townships should assess their policies and practices related to controlling Township cyberattacks and inadvertent disclosure of data. With the growth in the internet and rise in identity fraud, Townships should secure data and minimize the risk of unauthorized access or inadvertent disclosures. In this E-Letter, learn the importance of assessing Township security risks, leveraging exemptions…

(Pictured left to right: Chad Karsten, Kendall O'Connor, Jacob Fox)  Fahey Schultz Burzych Rhodes PLC would like to congratulate its newest associates – Chad Karsten, Kendall O’Connor, and Jacob Fox on their recent admissions to the bar. Admission to the bar signifies several years’ worth of studies, as well as the successful passing of the…

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 The…

Public roads present unique challenges to townships and not just for basic transportation. This E-letter will address the historical development and regulation of roads, the different ways a road may be created (or vacated), and the current funding mechanisms for constructing, improving or repairing roads. Although the responsibility for various aspects of public roads is…

We are excited to announce that we will be attending the Michigan Restaurant & Lodging Show on Tuesday, October 15th -Wednesday, October 16th, at the Suburban Collection Showplace in Novi.  The Show is where the diverse and dynamic hospitality industry joins together to meet, learn and collaborate to grow their businesses and become more profitable….

Where employees used to huddle around the breakroom watercooler, they now huddle around their smartphones. Recent studies report that 69% of U.S. adults use at least one social media site, a staggering 88% of adults under 30 years old use social media in some form, and 77% of employees reported using social media on the…

Fahey Schultz Burzych Rhodes is an Allied Service Provider with the Michigan Townships Association and participates in many seminars, conferences and events held by the MTA. This October, FSBR will be joining MTA’s On The Road regional meeting series as an exhibitor in its Vendor Showcase. This is an exclusive networking opportunity for township officials…

Fahey Schultz Burzych Rhodes PLC is pleased to announce that eight of its lawyers have been named 2019 Michigan Super Lawyers and Michigan Rising Stars. Only 5 percent of Michigan attorneys are recognized as Super Lawyers and only 2.5 percent are named Rising Stars. These designations are granted to attorneys who demonstrate the highest levels of…

Further exploring the topic of recent zoning and planning decisions discussed in our June 2019 E-Letter (available here), the Michigan Court of Appeals issued other decisions that Townships should read. This month’s E-letter further explores additional court decisions from both the Michigan Supreme Court and Michigan Court of Appeals that impact final decisions of the…

Fahey Schultz Burzych Rhodes PLC is pleased to announce that 5 of its lawyers have been selected for inclusion in the 2020 Edition of The Best Lawyers in America©, one of the oldest and most respected peer-review publications in the legal profession. To be be eligible for this distinction, lawyers must first be nominated. Next, they are reviewed by their peers on…

In 2018, Michigan voters approved the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”), which became effective December 6, 2018. Since the enactment of the MRTMA, the Marihuana Regulatory Agency (“MRA”) has been directed to establish rules for the upcoming deadline when applicants can first apply for licensure to operate adult use (“recreational use”) marihuana…

In the last year, the Michigan Court of Appeals has already issued multiple decisions that impact planning and zoning within townships. These issues come before the appellate courts quite regularly as zoning decisions that result in a denial can cause the aggrieved party to file suit. The decisions that result from such litigation may require…

Effective June 14, 2018 the State issued new lead and copper rules for water supplied to the public. The new rules will phase in new lead action levels, redefine what constitutes a “service line” and a “lead service line,” mandate new reporting, sampling, and line replacement requirements, as well as create water system advisory councils…

Township officials are elected to township boards every four years. Townships are operated and governed by township boards, which are structured to be responsive to the residents of the township. Often, township boards are required to take certain actions that are necessary to preserve the health, safety and welfare of township residents. The residents, however,…

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…

Michigan’s Paid Medical Leave Act (the “PMLA”) establishes eligible employees’ rights to accrue and use paid leave for personal and family medical needs. The Michigan Legislature enacted the PMLA to amend and (in part) replace the prior legislation on the same topic: the Earned Sick Time Act, which we discussed in our October E-Letter in…

As 2018 came to a close, the Legislature rapidly passed a number of new laws, many of which impacted Michigan’s many townships.  These laws addressed issues ranging from anonymous FOIA requests from requestors like “Emily,” to fireworks regulations, assessing, and even drones! This E-Letter is designed to update you on these changes, so you can…

During the 2018 lame duck session, many bills were introduced, and some passed, attacking the authority of local government. Senate Bill 637 was one of those bills that did pass and was signed by Governor Snyder. It may have the greatest impact on all townships in 2019 as it opens miles of township rights-of-way with…

Initiated Law 1 of 2018, the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) legalizes the cultivation, possession, and use of marihuana by adults over the age of 21. Essentially, recreational use of marihuana is legalized under state law. Michigan is the first state in the Midwest to legalize recreational use. Unfortunately, the language in…

The Michigan Legislature adopted a proposed ballot measure, Michigan’s Earned Sick Time Act (the “Act”), as law on September 5, 2018. Under the Act, employers big and small, public and private are required to provide employees with paid and unpaid sick leave. Townships that already offer sick (or other) leave would be wise to review…

The Open Meetings Act (“OMA”) allows townships to enter closed sessions based on exemptions provided in OMA. Recent Court of Appeals decisions make clear that townships must specifically state the legal exemption for entering closed session. Townships often learn information or receive recommendations during such closed sessions, which involves voting on that information after leaving…

Two recent cases from the Michigan Court of Appeals dramatically undercut many municipalities’ use of zoning power to require permits or fees and control the location of caregivers and qualifying patients under the 2008 Michigan Medical Marihuana Act (“MMMA”). The limitations of these powers is in the wake of a potential shift towards legalization of…

Townships have been increasing information accessibility by providing information online through websites and social media platforms, including Facebook, Twitter, Instagram, Pinterest, LinkedIn, and YouTube. In 2015, the Legislature amended the Freedom of Information Act to account for the application of technology in government transparency. The added efficiency and outreach achieved with forms of online media…

In last month’s E-letter, we tacked the preparatory steps township bargaining teams should consider and undertake before collective bargaining actually begins (Steps 1 and 2).  This month, we discuss some basic rules of that bargaining process. STEP THREE: BARGAINING Townships should keep in mind four rules through the bargaining process. Rule #1 – Bargain in…

Municipal employees are the first line of service to citizens.  They put a “face” on local government.  Managing employees—and their benefits—in a fair, uniform way is critical to not only their performance, but also to providing quality service.  It is easy to lose sight of this focus with shrinking budgets and sky-rocketing benefits costs, particularly…

Townships frequently contract with cities and villages for water and sewer service. In some cases, cities and villages demand township residents pay substantially more for the same sewer and water service than city and village residents pay. Sometimes, cities and villages charge township residents twice as much as city or village residents. Discriminatory and excessive…

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…

In today’s society, it is not uncommon to volunteer one’s services. You do not have to look far to find an employed man or woman freely offering their time to take part in an enterprise. However, there are some crucial issues raised by the philanthropic township employee who wishes to perform volunteer work for the…

Since the legislature adopted the Medical Marihuana Facilities Licensing Act (“MMFLA”) establishing commercial medical marihuana facilities for the first time, the State of Michigan has created an agency, the Bureau of Medical Marihuana Regulation (“BMMR”), and directed the BMMR to establish emergency rules for the upcoming deadline when applicants can first apply for state licensure…

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…

Laws that apply to townships are changed frequently by the Legislature and the courts. This month’s E-letter focuses on decisions handed down by the Michigan Court of Appeals that may cause changes as to how some townships are currently operating.  Some of the most interesting decisions from the last year address the enforcement of blight…

Since the legislature adopted the Medical Marihuana Facilities Licensing Act (“MMFLA”) establishing commercial medical marihuana facilities for the first time, townships have been discussing locally whether to allow such facilities within their jurisdictions. The State of Michigan has also been busy preparing for the upcoming deadline when applicants can first apply for state licensure to…

Our very own, Mark Burzych, will be available Tuesday, October 17, at 1:00 p.m. to answer all of your franchise law questions at the 2017 Michigan Restaurant Show in Novi, Michigan.  The long-standing Michigan Restaurateur magazine Q&A forum is being transformed into a one-hour, moderated, LIVE event at this year's show! Click here for more…

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…

For the third time, William K. Fahey was selected by his peers as “Lawyer of the Year” in the latest edition of The Best Lawyers in America.  Mr. Fahey is one of two of the firm’s members designated as a 2018 “Lawyer of the Year” and one of five firm attorneys recognized by The Best…

For the third time in the last five years, Stephen Schultz was selected by his peers as “Lawyer of the Year” in the latest edition of The Best Lawyers in America.  Mr. Schultz is one of two attorneys in the firm designated as a 2018 “Lawyer of the Year” and one of five firm attorneys…

Many townships continue to struggle with ordinance enforcement. There are multiple reasons, including knowledge of the enforcement process, staffing, and costs. As those townships that have become embroiled in enforcement litigation are aware, the litigation costs can be significant and the results may not meet expectations. Many townships are left soured after their initial foray…

Five members of the firm have been selected for inclusion in the 2018 Edition of the national publication, The Best Lawyers in America.  The attorneys included are William K. Fahey, Administrative and Regulatory Law, Appellate Practice, Energy Law, Land Use and Zoning Law, Litigation – Land Use and Zoning, Litigation – Municipal, and Municipal Law;…

Like any other employer, townships have a constant interest in maintaining an efficient operation. This relies heavily not only on fiscal management, but also effective personnel management: the ability to recruit capable employees, appropriately correct those capable employees who stray from performance expectations, and appropriate separation of those employees who are not salvageable. Stated simply,…

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…

The firm is proud to announce the election of Helen “Lizzie” Mills as a Member of the firm. Lizzie joined the firm in 2010.  Her practice focuses on municipal law and labor and employment law. Lizzie has gained extensive experience in collective bargaining and in grievance and interest arbitration, as well as handling administrative claims…

When regulating property, townships face difficult decisions. Although townships may wish to rely on their police power to enact and enforce ordinances promoting the health, safety, and general welfare of their residents, they must be sure to do so without violating a citizen’s due process rights or other relevant law. Recently, the Michigan Court of…

Christopher Patterson, an associate attorney with the firm, is recognized as one of the “Top 5” attorneys under the age of 35 in Ingham County for 2017. The award recipients were selected by the Board of Directors of the Ingham County Bar Association. Chris was recognized at the Association’s Annual Barristers Night in late March….

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…

In November of last year, many new township board members joined the municipal community as supervisors, treasurers, clerks, and trustees. The duties and obligations of each elected office vary substantially. Even so, survey results and trending data from these new officials demonstrate a consistent interest in learning the basics in ten areas of township governance….

New uses are always impacting how a township applies or amends its regulations. Numerous townships have seen an emerging trend where historic agricultural barns of the past are converted to provide a new venue for weddings, conferences, and parties. Since these barns are often located in the rural areas of townships, the new commercial operation…

Like many aspects of township law, developments in technology and the prevalent use of email and cellphones has made compliance with the OMA increasingly complex. Typically, these developments occur in court cases, which can involve differing opinion as to how this statute applies to new technology. This E-Letter summarizes the significant OMA decisions regarding these…

Like many aspects of Township law, recent legal developments under the Freedom of Information Act (FOIA) have made it increasingly complex to be in compliance with these statutes. The Michigan courts released several significant decisions addressing the FOIA. The courts continued with last year’s theme, continuing to enforce the longstanding principle that the FOIA is…

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…

Fahey Schultz Burzych Rhodes PLC is offering a free township law workshop for newly-elected officials! In one afternoon, our township law attorneys will cover key topics of township governance that will assist any newly-elected township official. These topics include: Managing Township Meetings and Information Township Employment Law Basics Zoning and Land Use Ordinance Adoption and Enforcement…

Many townships in Michigan struggle with cable franchise requests, either as new requests for franchises or renewals of current franchises. Some of these requests come from cable service providers referencing federal laws and procedures, while others are referencing state laws and procedures. Even more confusing, the occasional cable service provider contacts a township asserting rights…

Returning with our second part on township law legal updates, we review decisions impacting township authority to regulate local concerns provided under constitutional and statutory authority. This authority is not always specific, however, and the Legislature and courts are frequently called upon to clarify municipal authority. This month’s E-letter focuses on decisions handed down by…

Laws that apply to townships are changed frequently by the Legislature and the courts. This month’s E-letter focus on decisions handed down by the Michigan Court of Appeals impacting zoning and planning. As economic activity increases, so do requests for zoning action. Some of the most recent developments in the last year provide assistance to…

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…

Townships often use police power ordinances for the regulation of noise. But noise regulation presents unique problems in determining how to objectively determine when a certain noise reaches the threshold of being too loud for a community. In addition to the standard issues of authority and reasonableness inherent in any kind of regulation, noise regulations…

There are many employment issues and very few “one-size-fits-all” answers. But there certainly are a core set of employment concepts and policies that your township should consider that will enrich employment relations and, if necessary, improve your township’s defense against employment-related litigation and claims. This E-Letter explores this core set of employment concepts and policies….

A member of the Okemos-based law firm of Fahey Schultz Burzych Rhodes PLC, has been selected as “Lawyer of the Year” by his peers for inclusion in the 21st Edition of The Best Lawyers in America, which is published by U.S. News annually.  Stephen O. Schultz has been named the Best Lawyers’ 2016 Lansing metropolitan…

At Fahey Schultz Burzych Rhodes PLC, we constantly challenge ourselves to think “outside the box” in order to achieve the goals of our clients. This was demonstrated recently by an FSBR attorney assisting a senior living facility facing potential foreclosure. Due to an unclear and cumbersome process in applying for a senior living facility property…

Attorney Ross Bower of Fahey Schultz Burzych Rhodes PLC recently spoke at the Michigan Association of Municipal Attorneys’ 30th Annual Advanced Institute. The title of their presentation was “Property Tax: Current Issues, Legislation Updates, and Litigation Strategies.” The session, held at the Lansing Center in March, 2016, addressed tax appeal tips and a general overview…

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…

A member of Okemos-based law firm, 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 annually published by U.S. News & World Report. William K. Fahey has been named the Best Lawyers’ 2016 Lansing metropolitan…

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…

Earlier today, United States District Judge John Corbett O’Meara issued an order temporarily enjoining the State from enforcing § 57(3) of the Michigan Campaign Finance Act, MCL 169.257(3). This was the recent law that prevented townships and other public bodies from communicating regarding local ballot questions during the period 60 days before an election. The…

The Members of Fahey Schultz Burzych Rhodes PLC, a leading boutique mid-Michigan law firm, have elected Mark J. Burzych as President and Ross K. Bower as Vice-President of the law firm. Stephen O. Schultz, who served as President since co-founding the firm in 2008, has passed the torch so he can focus on a few…

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…

Come learn with Mark Burzych, our experienced business attorney, who will be speaking at the Craft Beverage Entrepreneur’s Workshop.  The Workshop will be held on February 12, 2016, at the Grand Rapids Doubletree Airport in Grand Rapids, Michigan, and is geared toward helping new craft beverage businesses navigate the early stages of establishment.  Mark will…

In September, we issued Part I of our series on Township Law Legal Updates, which you can find in the Township Law Resources section of our website. This year the Township Law Legal Update has been divided into two updates, as numerous developments in the law have occurred that could not all be addressed in…

Recently the economy has seen an uptick and property values are restoring, as well as townships’ tax basis.  Prior to this resurgence, however, the 2007-2009 economic collapse caused substantial foreclosure rates, devastating some communities and leaving unoccupied vacant structures.  In other communities, a few vacant properties with overgrown lawns and an accumulation of trash were…

On October 17, 2015, the Michigan Charter Boat Association presented Okemos attorney, Stephen Schultz, its annual award for service to the sport fishing and charter boat industry in Michigan.  The Charles Pistis award, presented annually since 1984 at the Association’s state conference, is given to honor chosen individuals “for their assistance, support and contribution to…

Collective bargaining for townships presents unique challenges that do not exist in the private sector. As the decision makers, township officials face constant oversight by their constituents throughout the bargaining process. As a result, the process that happens behind closed doors is still subject to an overlay of politics, public opinion, and concern over the…

Laws that apply to townships are changed frequently by the Legislature and the courts. The courts hand down new interpretations that must be followed by township officials on a regular basis. Some of the most recent developments in the last year are discussed for the benefit of township officials in this first part of a…

Although personal property tax has seen significant revisions by the Legislature in the past two years, collection of personal property tax remains an issue for many Townships. Townships often focus on real property tax calculation for prudent reasons. Namely, delinquent personal property tax collection in any jurisdiction is typically a small amount compared to the…

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…

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…

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…

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…

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…

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…

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…

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…

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…