Do Township Board Meetings need ...
Generally, the answer is no. You may notice the Michigan Open Meetings Act contains no requirement for a township board meeting to have an a...
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Keeping Money on the Table: Zoni...
Many townships have zoning regulations to help guide proper development. Often, zoning ordinances prescribe comprehensive standards for larg...
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Youth Employment Law Series: Par...
Now that summer is upon us, we know many of you are preparing for a surge in business. Hiring youth workers can be an efficient way to expan...
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In our township, we continue to ...
No. Under the Freedom of Information Act, you are required to respond to the request within the initial 5 business days by doing one of the...
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Back to the Future: Taking Contr...
Economic development and affordable housing opportunities present the highest stakes imaginable for elected officials because they forge the...
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Is an ADU just another type of D...
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...
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Allowing Accessory Dwelling Unit...
More recently, accessory dwelling units (“ADUs”) have become a focus with increased housing availability and demands. Many have raised q...
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Does my township have to publish...
No, but you may be required to publish a synopsis. There is no requirement to publish meeting minutes in a newspaper. However, some General ...
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Legal Update: February 2025 Rece...
Throughout the last year, appellate courts at the state level have issued several decisions that will have a notable impact on townships and...
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Breaking: Legislators Make 11th ...
The Earned Sick Time Act (“ESTA”) was set to go into effect at midnight, February 21. In a last-minute legislative compromise, the House...
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Preparing Your Organization to C...
A new mandatory paid sick time law will go into effect for all Michigan employers soon. After a lengthy legal battle, the Michigan Supreme C...
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Can our Township Board appoint o...
Generally, yes. The Township needs to consider implications from the Incompatible Public Offices Act, MCL 15.181 et seq. Generally, a public...
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Shooting Ranges and Firearm Rela...
Shooting ranges—whether indoor or outdoor—exist as approved land uses through many zoned communities in Michigan. Similarly, the siting ...
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What is a “Notice of Adoption”? What is a “Notice of Adoption̶...
After adopting a new ordinance or an amendment to an existing ordinance, a municipality must publish notice of the new legal obligations in ...
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What Happened During Lame Duck? ...
This month’s E-Letter focuses on the latest legislative moves relevant to townships. Republicans and Democrats have different political pr...
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Texas Federal District Court Enj...
On December 3, 2024, the United States District Court for the Eastern District of Texas issued a Memorandum Opinion and Order prohibiting th...
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I heard a municipality discussin...
A community may penalize ordinance violations through the municipal civil infraction process as provided under Michigan law. MCL 600.8701 et...
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Municipal Governance: Seven Esse...
Many local governments are missing key policies and ordinances that could dramatically improve the general welfare of the community. Far too...
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Are elected or appointed officia...
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 ...
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Preparing Your Township to Compl...
A new mandatory paid sick time law will go into effect for all Michigan employers next year. After a lengthy legal battle, the Michigan Supr...
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Some Tips Before Entering Into a...
Negotiating and drafting municipal construction contracts can be a stressful process for Board or Council members, even when ignoring the le...
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We are trying to make zoning ord...
No. We receive similar questions like this from clients often. An individual has no property right in a specific zoning ordinance land use c...
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Can a Township Board create a co...
Generally, no. And, we advise against it. Townships always need to be cautious of creating any board, commission or committee that is undert...
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Permit Conditions and Takings Ch...
In the children’s fairy tale “Goldilocks and the Three Bears,” a little girl enters the home of the three bears while they are away. S...
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When PA 233 (the state siting le...
Yes! Although PA 233 will provide a mechanism for developers to bypass local zoning regulations in most circumstances in the Michigan Public...
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Best Practices for Regulating Ba...
In 2023, the Michigan legislature passed Act 235, requiring energy companies to meet continuously increasing clean energy standards. By 2040...
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Breaking! Paid Sick Time and Min...
In 2018, you may recall there were two employment-related ballot initiatives set to appear on the general election ballot. One of them, the ...
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Can a township employer withhold...
No. Michigan employers may not withhold a paycheck even if an employee (or former employee) has retained the employer’s property. The payc...
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Employees or Independent Contrac...
Townships of all sizes rely on workers to carry out basic governmental functions and keep the township running smoothly. Although larger tow...
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Can the Township enter into a co...
A Township can only enter into such a sales contract if the property is no longer being used for a public purpose. Michigan courts have defi...
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Best Practices for Entering Into...
From purchasing office supplies to selecting a contractor to renovate the Township Hall, townships enter into contracts in some shape or for...
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First Law Firm to Win Michigan 5...
FOR IMMEDIATE RELEASE Annual firm growth exceeds 13% within a culture that values both clients and staff. May 16, 2024, Okemos, Michigan. ...
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My Township Got Sued? Now What?
Litigation is almost always stressful, costly, and time-consuming. Most townships seek to avoid litigation where possible, but in some insta...
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What notice requirements apply t...
There are various statutes that allow townships to fund improvements (e.g., road projects, fire protection services, among others) by specia...
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2024 United States Supreme Court...
The United States Supreme Court issued a unanimous decision on March 15, 2024, in Lindke v Freed, ___US___, 2024 U.S. LEXIS 1214 (2024). Thi...
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Understanding Approvals with Con...
In this month’s E-Letter we will discuss land use approvals with conditions, including the basics, when imposing conditions on land use ap...
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If a use is not listed as a permissible use in a specific zoning district within the Zoning Ordinance, does that silence mean the use is allowed? ...
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 pro...
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January 2024 Caselaw Update Janua...
Throughout the last year, appellate courts at the state and federal level have decided several decisions that will have a notable impact on ...
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Renewable Energy Projects: How ...
Several legislative changes to regulation of wind, solar, and energy storage advanced quickly at the end of the legislative session with the...
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The Corporate Transparency Act: ...
The Corporate Transparency Act goes into effect on January 1, 2024, and may require your business to report ownership information to the gov...
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Can two ordinance violations be ...
Generally, yes; however, this may depend on the specific preference of the district court. It is a good idea to call and ask the district co...
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Municipal Civil Infraction Citat...
Municipalities and their residents want to ensure that ordinances are enforced to promote the general welfare of the community. The process ...
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Zoning it Out? – Applying Mich...
Many townships often want to know the limits of Michigan law with respect to the standards applicable to zoning to avoid excluding certain l...
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What are some land uses where th...
There are a variety of examples where state law has “preempted” complete local zoning control by townships. These include, but are not l...
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NLRB Joint Employer Test –...
Late last week the National Labor Relations Board (the “Board”) issued its Final Rule addressing the Standard for Determining Joint-Empl...
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My Township has not formally ado...
The public bodies in your Township should follow the requirements of the Open Meetings Act before following conflicting, non-binding guides ...
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A Guidebook to Robert’s Ru...
In this month’s E-Letter, we will consider the relevance of Robert’s Rules of Order in the context of your Township’s meeting procedur...
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Michigan Public Cemeteries: Muni...
Numerous state statues grant municipalities the authority to create and manage public cemeteries. This e-letter explores concepts related to...
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Are cemeteries owned and operate...
No. MCL 456.530(1) states that a cemetery owned and operated by a municipal corporation is exempt from the Act. The Act defines a “municip...
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Review Your Tips Processes Now o...
In Part 1 of our 3-part series reviewing tipping rules under the Federal Fair Labor Standards Act (“FLSA”) and Depart of Labor’s (“D...
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Review Your Tips Processes Now o...
Introduction As of the DOL’s fiscal year ended September 31, 2022, the Wage and Hour Division of the Department of Labor (“DOL”) recov...
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Can a township employer discipli...
Employees should not be subject to discipline or termination for filing a complaint in good faith. In other words, if the employee had a leg...
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What Every Township Employer Sho...
Nearly everyone has heard the term “hostile work environment,” and just about everyone has some idea what harassment and discrimination ...
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Can local governments receive ca...
Yes and additional guidance is coming. Under the Inflation Reduction Act of 2022 local governments may receive direct payment of tax credi...
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Special and Conditional Use Perm...
In this month’s E-Letter we will consider conditional use permits, also known as special use permits, and how your township can create cle...
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Zoning Litigation – Enforcemen...
Introduction As we have explained at length in prior E-Letters, the enforcement of zoning violations is often best accomplished through the ...
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Can I issue a 10-business day ex...
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 resp...
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FOIA Denials: Common Basis Furth...
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...
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Pressing Pause: Answers to Seven...
Although townships will often navigate “routine issues,” every so often a township will be faced with a unique issue that may not be ade...
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If an existing parcel is subject...
When a parcel with an existing special assessment is split, the Michigan Land Division Act authorizes a township assessor to apportion unpai...
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The Corporate Transparency Act: ...
If you currently own an interest in a corporation, limited liability company, or similar entity, OR if you plan to create and/or organize su...
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Should Your Township Use “...
In this month’s E-Letter we discuss whether a township can enforce its ordinances without involving a court. Often zoning ordinances, nuis...
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Can a general law township have ...
Yes. A township board typically consists of a supervisor, treasurer, clerk, and two trustees. However, if your township has a population ...
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Our Township’s master plan...
Yes. The Michigan Planning and Enabling Act seeks to have municipalities that have exercised their zoning powers to conduct a review of thei...
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Township Law Legal Update: Janua...
Throughout the last year, the Michigan Court of Appeals and the Michigan Supreme Court have decided several decisions that will have a notab...
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Are all special use permits appr...
No. Whether a special use permit is approved by the Township Planning Commission or recommended by the Planning Commission with approval by ...
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Township Law Legal Update: Top F...
In the last year, the Michigan Court of Appeals and Michigan Supreme Court have issued multiple decisions that impact townships. Although th...
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New Paid Sick Time Requirements ...
Federal law does not mandate any amount of paid leave for employees, but Michigan’s paid leave obligations may change in dramatic fashion....
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Election-Related Freedom of Info...
Municipalities have a clear statutory duty to respond to Freedom of Information Act (“FOIA”) requests related to public records concerni...
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Is it correct that the Township...
Yes! Many townships consider the Zoning Board of Appeals to primarily handle variances. Variances are an individual’s request to ask f...
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What is the difference between a...
Nomenclature. A SUP is a “Special Use Permit.” A CUP is a “Conditional Use Permit.” A SLUP is a “Special Land Use Permit.” Each ...
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Industrial Hemp: What It Is and ...
In this E-Letter we will explore the new and expanding area of industrial hemp. Along with the growth of medical and recreational marihuana ...
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Is It Time to Refresh the Privac...
Introduction A common staple of any business’s website is the business’s website privacy notice or privacy policy. In a landscape of inc...
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How an Expanded Paid Sick Time L...
Presented by Attorney Chad Karsten on October 20, 2022...
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Can an individual abandon the ri...
Yes, but abandonment is a fact-by-fact basis. Many zoning ordinances will address the principle of abandonment at least with respect to lawf...
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How an Expanded Paid Sick Time L...
A change to state law may soon mean that Michigan employers of all sizes (including townships!) will be required to provide paid sick time t...
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Is it true that a Township may r...
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 avail...
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The First Amendment Revisited: M...
While local governments have constitutional and statutory authority to regulate matters within their jurisdictions, those powers are not wit...
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Can an at-will employee be termi...
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...
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Free Speech and Township Employe...
Public employers (like townships!) are more limited than private employers in the ability to discipline or even terminate their at-will empl...
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Common Township Special Assessme...
Presented by Attorney Kyle A. O’Meara on July 21, 2022...
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Employee Classification – Unde...
The distinction between employees and independent contractors continues to be hotly discussed in both business and legal circles – and wit...
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Does our township have to procee...
No. The common township special assessment statute, Act 188 of 1954 (“Act 188”), allows property owners to submit petitions to a townshi...
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Top Seven Township Special Asses...
In Michigan, townships often use special assessments to fund a myriad of improvements ranging from building sidewalks, treating inland lakes...
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I received a Freedom of Informat...
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 F...
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Regulating Off- and On-Premises ...
Does your municipality’s Zoning Ordinance regulate off- and on-premises signs? The constitutionality of these types of signs has been an o...
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We are in the process of reviewi...
That’s excellent that you are working on reviewing your sign ordinance. Many ordinances still contain content-specific regulations that wo...
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Five Things to Know About Adult-...
Almost four years have passed since Michigan voters approved the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”), which beca...
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Avoiding Shareholder Liability f...
Corporations are generally treated as their own “legal persons,” separate and distinct from their individual owners. A primary feature o...
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Attorney Mark J. Burzych Named t...
Fahey Schultz Burzych Rhodes is proud to announce that Mark J. Burzych, current president of the firm and head of its Franchise practice gro...
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Getting the Most out of Civil In...
Many townships have adopted municipal civil infractions ordinances to provide for the streamlined enforcement of township ordinances in dist...
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Will the Right to Farm Act preve...
The RTFA will only preclude enforcement against the animal or equipment in question if several factors are met, and it is unlikely that thes...
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Brittany M. Nichol Named a “To...
Attorney Brittany M. Nichol of Fahey Schultz Burzych Rhodes PLC has been selected as one of the “Top 5” attorneys under the age of 35 in...
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Municipal Caselaw Update
Presented by Attorney Matthew Kuschel Download the Presentation Slides...
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COVID Impacts in 2022
Presented by Attorneys Steven Koski and Jacob Fox Downloadable Presentation Slides...
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Townships Buying or Selling Prop...
Presented by Attorney Christopher Patterson Downloadable Presentation Slides...
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LOW: Navigating Employee Speech ...
Local Officials Workshop: Presented by Attorneys Helen “Lizzie” Mills and Chad Karsten Downloadable Presentation Slides ...
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LOW: Property Tax Appeals &...
Local Officials Workshop: Presented by Attorneys Ross Bower and Brittany Nichol Downloadable Presentation Slides...
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LOW: Conflicts of Interest, Ethi...
Local Officials Workshop: Presented by Attorney Christopher Patterson and Kendall O’Connor Downloadable Presentation Slides...
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LOW: Constitutional Sign Ordinan...
Local Officials Workshop: Presented by Attorney Jacob Witte & Law Clerk Hannah Morgan Downloadable Presentation Slides...
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LOW: Wind and Solar Ordinances
Local Officials Workshop: Presented by Attorneys Matthew Kuschel and Kyle O’Meara Downloadable Presentation Slides...
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Protecting Your Township Boundar...
Presented by Attorney William Fahey Downloadable Presentation Slides ...
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Township Inland Lake Improvement...
Presented by Attorney Kyle A. O’Meara on October 19, 2021. Downloadable Presentation Slides...
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Content Based Regulations of Sig...
Presented by Attorney Jacob Witte and Hannah Morgan. Downloadable Presentation Slides...
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Conquering Large Scale FOIA Requ...
Presented by Attorney Kendall O’Connor on August 19, 2021. Downloadable Presentation Slides...
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ADA in the Township Hall
Presented by Helen “Lizzie” Mills and Chad Karsten Downloadable Presentation Slides...
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Regulating Caregivers
Presented by Attorney Matthew A. Kuschel on June 23, 2021. Downloadable Presentation Slides...
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Defending Property Tax Appeals
Presented by Attorneys Ross Bower and Brittany Nichol Downloadable Presentation Slides...
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Election Law Briefing
Presented by Attorneys Steven L. Koski and Jacob P. Fox on April 15, 2021. Downloadable Presentation Slides ...
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2020 Zoning and Planning Decisio...
Presented by Attorneys Christopher Patterson and Jacob Witte on February 19, 2021. Downloadable Presentation Slides ...
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When does one of our Planning Co...
This is a great question! The Michigan Zoning Enabling Act (MZEA) and Michigan Planning Enabling Act (MPEA) both specify that a conflict of ...
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A Township’s Guide to Prot...
Townships are public governmental entities. As such, Townships have practical and legal implications that require them to transact business ...
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Update on Remote Participation i...
Today, the Attorney General released an opinion determining that Title II of the Americans with Disabilities Act (“ADA”) requires public...
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Wage and Hour Violations Can Cos...
Keeping track of all the Department of Labor’s (DOL) wage and hour rules can be challenging. But, if a DOL investigation determines that y...
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Can the County require a Townshi...
Yes, recent cases and legislation have impacted the foreclosure process. In a published Court of Appeals decision, the Court analyzed the re...
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Municipal Caselaw Update
There is something for everyone this month as our E-letter recaps several cases of interest to municipalities. We review the taxes available...
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Federal Vaccine Mandate Update &...
One federal vaccine mandate has recently been reinstated by the Sixth Circuit Court of Appeals. Read on to learn more about the new effectiv...
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Will COVID Continue to Impact My...
Unfortunately, all indications suggest that COVID-19 will continue to play a major role in your township’s operations in 2022, from conduc...
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The DOL Adds a New Tip Pool Opti...
Tip pooling is the practice of tipped employees to contributing their tips into one collective pool shared and divided evenly among that gro...
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True or False? In December 2021,...
False. As presently written, after December 31, 2021, public bodies subject to the OMA may only accommodate the absence of members who quali...
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Check Yourself: The 80/20 Rule f...
The US Department of Labor (DOL) published a final rule on October 28, 2021, that brings back the 80/20 rule that was used by the DOL until ...
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Our township is in the process o...
No. Neither a general law nor charter township is required by law to hold a public hearing for the adoption of a general police power ordina...
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Top 5 Insider Tips for Townships...
Approximately 13% of the land in Michigan is owned by State and local government units. With Townships being among those owning a vast amoun...
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Getting to the Bottom of Federal...
In response to the ongoing COVID-19 pandemic, the federal Occupational Safety and Health Administration (OSHA) published the COVID-19 Vaccin...
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Mark J. Burzych Elected as Chair...
Mark J. Burzych, President of Fahey Schultz Burzych Rhodes PLC in Okemos, Michigan and leader of the Business and Franchise Practice Group w...
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Does a nonconforming use run wit...
Generally, yes. The Michigan Zoning Enabling Act codified the principle of lawful nonconforming uses in MCL 125.3208. The Act provides: “I...
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Protecting Your Township Boundar...
Should you be worried about annexation of your township’s territory to an adjacent city? Understanding the process of annexation and what ...
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Nine Fahey Schultz Burzych Rhode...
Fahey Schultz Burzych Rhodes PLC is pleased to announce that 9 lawyers have been selected for inclusion in the 2022 Edition of The Best La...
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Can the Township handle its own ...
Yes. Townships can explore implementing civil infraction notices and citations as penalties. Townships using civil infraction notices and ci...
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The Great (Inland) Lakes State: ...
Michigan is blessed with abundant natural resources, many of which are located within Michigan’s townships. Of those natural resources, Mi...
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Township Inland Lake Improvement...
Presented by Attorney Kyle A. O’Meara on October 19, 2021....
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If the Township Planning Commiss...
Generally, no. The Michigan Zoning Enabling Act addresses the approval of special/conditional land uses and site plans. Within each Township...
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Content-Based Regulations of Sig...
Recent federal court decisions have redefined the limits of the First Amendment’s protections of signs across the country and in Mic...
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Content Based Regulations of Sig...
Presented by Attorney Jacob Witte and Hanna Morgan....
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Beginner’s Guide to Conque...
Attention FOIA Coordinators! Have you ever received an extensive Freedom of Information Act (“FOIA”) request that leaves you wondering h...
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What is attorney-client privileg...
(1) What is attorney-client privilege? Attorney-client privilege protects certain communications made between the Township and your Township...
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Beginner’s Guide To Conquering...
Presented by Attorney Kendall O’Connor on August 19, 2021....
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ADA in the Township Hall
The Americans with Disabilities Act (“ADA”) and its Michigan counterpart, the Persons with Disabilities Civil Rights Act (“PWDCRA”) ...
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How much can our Township charge...
Section 6.4 of Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) states “[a] municipality may charge an annual fee of not mo...
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Offering Vaccine Incentives to E...
When the Equal Employment Opportunity Commission (“EEOC”) initially provided guidance outlining how employers could manage employee vacc...
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Can an overlay zoning district e...
Yes. An overlay district sits on top of an existing zoning classification and permits additional uses. Overlay districts are particularly he...
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Regulating Caregivers: What Your...
Recent cases from the Michigan Supreme Court and the Court of Appeals have affirmed the authority of townships to regulate Primary Caregiver...
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Regulating Caregivers: What Your...
Presented by Attorney Matthew A. Kuschel on June 23, 2021....
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Election Law Briefing: Key Point...
On its face, a local ballot initiative seems like a straightforward process: petitions are circulated, signatures are counted, and ballot la...
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Election Law Briefing
Presented by Attorneys Steven L. Koski and Jacob P. Fox on April 15, 2021....
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A Review of 2020 Zoning and Plan...
Presented by Attorneys Christopher Patterson and Jacob Witte on February 19, 2021....
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Can a township board adjust comp...
No. While townships without a compensation commission may increase a board member’s compensation at any time, board compensation can only ...
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Update: MIOSHA Emergency Rules t...
In an employment law update we published last week, we told you that the Michigan Occupational Safety and Health Administration (MIOSHA) was...
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Employment Updates: MIOSHA and U...
MIOSHA WORKING ON NEW COVID-19 RULES The Michigan Occupational Safety and Health Administration (MIOSHA) has started the formal rulemaking p...
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Is My Township Required to Have ...
The OMA requires public bodies (including township boards) to establish certain procedures to accommodate the electronic attendance of a mem...
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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 2...
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Renewable Energy Projects – Ge...
Renewable energy projects including utility-scale wind and solar energy developments are becoming more and more prevalent in Michigan. In re...
Read More -
What can my township do with lef...
Act 188 of 1954 (“Act 188”) is a statute that many townships use to finance many improvements using special assessments ranging from lak...
Read More -
Fahey Schultz Burzych Rhodes PLC...
Fahey Schultz Burzych Rhodes PLC is delighted to announce that three new summer associates will be joining the firm for its 2021 summer asso...
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Does a Township Planning Commiss...
Yes. The Michigan Planning Enabling Act (MPEA) states that Planning Commission members shall be appointed by the Township Supervisor for 3-y...
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Year in Review: 2020 Zoning and ...
Every year Michigan courts decide cases involving zoning and planning. 2020 was no different with several interesting cases deciding importa...
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COVID-19 Relief: Federal and Sta...
On December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (“COVID-19 Stimulus Act”), authorizing assistance...
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Governor Signs Two Bills to Upda...
On December 29, 2020, Governor Whitmer signed House Bill 5126 and House Bill 5504 to provide updates to the Michigan Drain Code. House Bill ...
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Does a Township Zoning Board of ...
Generally, yes. Typically, a Township’s Zoning Ordinance will provide for a written standard that must be applied when considering a reque...
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W-2 or 1099? How to Utilize Inde...
Many townships rely heavily on independent contractors for township services. Whether the township uses independent contractors to manage an...
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Governor Signs Bill Extending Re...
Since the start of the COVID-19 pandemic, drain commissioners across the state have been holding meetings of their public bodies (including ...
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Update Regarding the Michigan De...
On November 15, 2020, the Director of the Michigan Department of Health and Human Services (“MDHHS”) issued an emergency “Gatherings a...
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Michigan Legislature Passes Bill...
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 da...
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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 re...
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What is the relationship between...
True Cash Value and Market Value have been determined by Michigan Courts to be synonymous terms. The tax statute uses the term True Cash Val...
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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 supervisi...
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Michigan Department of Health an...
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...
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Fahey Schultz Burzych Rhodes PLC...
Fahey Schultz Burzych Rhodes PLC has been ranked in the 2021 U.S. News – Best Lawyers® “Best Law Firms” list regionall...
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Can the County relinquish contro...
Yes. The Board of County Road Commissioners can do so under the General Highway Law, MCL 224.18. To relinquish jurisdiction over a road to a...
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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...
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Update: MiOSHA Emergency Rules R...
On October 14, 2020, the Michigan Occupational Safety and Health Administration (MiOSHA) issued Emergency Rules requiring employers to take ...
Read More -
Update: Supreme Court’s Oc...
On October 12, 2020, the Michigan Supreme Court ruled in House of Representatives and Senate v Governor (a pending state case challenging th...
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Hold Tight Following the Supreme...
This past Friday, the Michigan Supreme Court ruled that Governor Whitmer had no legal authority to issue emergency executive orders in respo...
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Eight Fahey Schultz Burzych Rhod...
Fahey Schultz Burzych Rhodes PLC is pleased to announce that eight of its lawyers have been named to the 2020 Michigan Super Lawyers and Mi...
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Does a bidder who was not select...
No. Michigan cases demonstrate that the submission of a bid does not establish any reasonable expectancy to have been awarded the public pro...
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Short-Term Rentals: What You Nee...
“Short-term rentals” (“STRs”) generally refer to houses offered for temporary rental occupation, often facilitated by websites such ...
Read More -
New York v. Scalia: The Joint Em...
Earlier this year, the Department of Labor’s (the Department) new rule interpreting the definition of “joint employer” under the Fair ...
Read More -
Are Your FMLA Forms Up To Date?
In June, the United States Department of Labor (“DOL”) revised some of its Family and Medical Leave Act (“FMLA”) forms. While the DO...
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Back to School? Understand When ...
As we approach six months since Michigan schools were closed for the Spring and Michiganders were ordered to stay home due to the COVID-19 p...
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Update on Payroll Tax Deferral
Last week, we told you about President Trump’s August 8 Memorandum (available here) directing the Treasury Department to defer payment of ...
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The local paper issues a monthly...
No, as long as the county-wide paper is “generally circulated” in the Township. Under the Michigan Zoning Enabling Act, public hearings ...
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10 Things Your Township Should C...
Restaurant owners, entrepreneurs, and other businesses here and around the world have utilized outdoor dining or retail space to enhance the...
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Presidential Action Raises Quest...
On August 8, President Trump issued an Executive Order and three memoranda with the stated hope of reinvigorating the American economy despi...
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Executive Order 2020-172 Renewe...
On August 27, 2020, Governor Whitmer issued Executive Order 2020-172, the seventh updated Workplace Safety Order. This guidance reaffirms th...
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Ten Lawyers from Fahey Schultz B...
Fahey Schultz Burzych Rhodes PLC is pleased to announce that 8 lawyers have been selected for inclusion in the 2021 Edition of The Best La...
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August 8, 2020 Presidential Exec...
On August 8, President Trump issued an Executive Order and three memoranda with the stated hope of reinvigorating the American economy despi...
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Executive Order 2020-161 Updates...
On July 30, 2020, Governor Whitmer issued Executive Order 2020-161, the fifth updated Workplace Safety Order, which sets out further guidanc...
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Executive Order 2020-160 Updates...
On July 30, 2020, Governor Whitmer issued Executive Order 2020-160, the Amended Safe Start Order, further restricting indoor and outdoor gat...
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FSBR COVID-19 Update: How We Are...
Fahey Schultz Burzych Rhodes remains open for business. These times are unprecedented, and so is our commitment to being here for our cli...
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When a resident gifts a monetary...
Although the language of the bequest may impact the exact answer to this question, assuming that the fire department is part of the township...
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2020 Michigan Freedom of Informa...
Recent legal developments by the Michigan courts regarding the Freedom of Information Act (FOIA) have both helped determine the scope of the...
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Masking Up in Michigan: Governor...
From March through June, Governor Gretchen Whitmer issued “Stay-at-Home” orders, restricting those who were not classified as essential ...
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Executive Order 2020-143 Did Not...
On July 1, 2020, Governor Whitmer: 1) issued Executive Order 2020-143, which closes certain food service establishments for indoor service t...
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Is a Township required to receiv...
Is a Township required to receive sealed competitive bids before letting contracts on public works projects? No. The Michigan Legislature ha...
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Back to Work in the COVID-19 ERA
With the Michigan Stay at Home Order being lifted and resumption of operations pursuant to Michigan Executive Order 2020-114, townships now ...
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Michigan Work Share Program: Rev...
Michigan’s Work Share Program allows employers to temporarily reduce full-time employees’ hours as an alternative to layoffs and furloug...
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Summary of NASAA Financial Perfo...
The North American Securities Administrators Association Franchise Project Group (“NASAA”) recently provided guidance for state regulato...
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Can the Treasurer of a township ...
More than likely, yes, under the current law, but it should be considered carefully because it ultimately depends on the factual context of ...
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I Won my Ordinance Enforcement C...
Congratulations! You have made it through the hardest part of ordinance enforcement by obtaining a judgment. But now what? Often obtaining...
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Restaurant Revival: New Executiv...
Today, the Governor of Michigan issued Executive Orders 2020-91 and 2020-92, establishing new standards all employers who have employees d...
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Executive Order 2020-77 Allows M...
On May 8, Michigan Governor Gretchen Whitmer issued Executive Order 2020-77, extending and altering the Stay Home, Stay Safe guidelines unti...
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Township Operations Affected by ...
Governor Gretchen Whitmer’s March 24 Executive Order 2020-21, mandating that individuals to “stay at home” in response to the novel co...
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May a Township Regulate Primary ...
Yes. Very recently the Michigan Supreme Court reversed lower court decisions and held that zoning ordinances are valid under the Michigan Me...
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Executive Order 2020-60, New Req...
Michigan Governor Gretchen Whitmer issued Executive Order 2020-60, establishing new guidelines for food-selling establishments and pharmaci...
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Employer Update: New Executive O...
Today, Michigan Governor Gretchen Whitmer issued Executive Order 2020-59, extending and altering the Stay Home, Stay Safe guidelines until ...
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Employer Update: New Executive O...
Today, Michigan Governor Gretchen Whitmer issued Executive Order 2020-59, extending and altering the Stay Home, Stay Safe guidelines until M...
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Court Order Does Not Extend Nomi...
Nominating petitions are due to be filed by candidates for public office by tomorrow—April 21, 2020. For many candidates, federal, state, ...
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Employer Update: New Executive O...
Today, Michigan Governor Gretchen Whitmer issued Executive Order 2020-42, extending and enhancing Stay Home, Stay Safe guidelines until Apri...
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Does a Township Need a Resolutio...
It depends on the type of utility service. Presumably you are referencing unpaid water and sewer services. Under certain circumstances, a ...
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Considerations for Township Publ...
The novel coronavirus (COVID-19) has changed the landscape for individuals and businesses. Townships are no different. Daily practices—whe...
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Coping with COVID-19: Federal an...
While the country copes with the evolving obstacles associated with COVID-19, small businesses should be advised of both federal and state p...
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COVID-19 Guide For Employers
In response to the growing threat posed by COVID-19, federal, state, and local governments have been forced to take drastic measures in the ...
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Governor Relaxes Open Meetings A...
At 4:46 p.m. March 18, 2020, the Governor issued Executive Order 2020-15, addressing numerous concerns regarding public meetings held during...
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Are Zoning and Building Official...
Q&A Video Clips Are township officials under the direct supervision of the Supervisor or are they under the direction of the entire Town...
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Can the Revenue from a Special A...
Q&A Video Clips Can the revenue from a special assessment be applied to delinquent property taxes? Attorney Chris Patterson answers this...
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Can the Township Fund a Holiday ...
Q&A Video Clips Can public expenditures be used to fund the Township’s holiday party? Attorney Kyle O’Meara answers this que...
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Is a Township Deputy Treasurer p...
Not Likely. The Deputy Treasurer and a board or review member appear to be incompatible offices. The Incompatible Offices Act, 556 PA 1978, ...
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Spending Public Money for a Publ...
Townships operate according to their annual appropriations resolution, from spending public funds to providing public services. Many of thes...
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Can Townships play a role in ens...
Q&A Video Clips Earmarked funds are sometimes diverted to other purposes instead of their intended use. Can the Township do anything to ...
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2020 IFA Conference and Client D...
Attorneys Mark Burzych and John Forrest attended the 2020 IFA Conference in Orlando, Florida. Simply put, the IFA’s annual convention i...
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Does a Township Clerk have to re...
No. The Open Meetings Act determines the necessary information for minutes. It provides the following required information: The public body ...
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The Present and Future Regulatio...
The siting of mining and extraction operations, such as gravel pits, can often be the source of great controversy. Although many residents v...
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Can a private business request t...
A variety of private companies now submit these requests to townships throughout the state to, in-part, aggregate data to re-sell to their p...
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Protecting the Township’s ...
Townships should assess their policies and practices related to controlling Township cyberattacks and inadvertent disclosure of data. With t...
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Who Can Speak to the Township At...
Q&A Video Clips Who is allowed to speak with the township attorney? Attorney William Fahey answers this question at the 2019 MTA Confere...
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What happens if a property is wr...
Q&A Video Clips At the MTA 2019 “We’re Glad You Asked That” Q&A segment, Attorney Kyle O’Meara answers the q...
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FSBR Congratulates its Newest As...
(Pictured left to right: Chad Karsten, Kendall O'Connor, Jacob Fox) Fahey Schultz Burzych Rhodes PLC would like to congratulate its ne...
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Can a zoning administrator also ...
It may be valid under current law, but for practical reasons should be carefully considered. The statute governing whether an individual can...
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2019 Review of the State Tax Com...
The Michigan State Tax Commission (“STC”) is authorized to provide advise to municipal assessors. Each year the STC provides guidance th...
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Can a Township Crowdfund for a C...
Q&A Video Clips At the MTA 2019 Conference, our attorney’s hosted our annual Question and Answer panel to address the questions yo...
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Why Do I Need a Land Use Permit ...
Q&A Video Clips If you own property in a township, why do you need to get a land use permit for everything? Even things, it seems, that ...
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Does the Township have to submit...
No. The Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, provides township the ability to completely prohibit or ...
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Common Public Road Issues
Public roads present unique challenges to townships and not just for basic transportation. This E-letter will address the historical develop...
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Is My Personal Laptop Subject to...
Q&A Video Clips If I use my personal laptop to do work related to my official duties, is it possible my laptop could be subject to a FOI...
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Join FSBR at the Michigan Restau...
We are excited to announce that we will be attending the Michigan Restaurant & Lodging Show on Tuesday, October 15th -Wednesday, Octobe...
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Would improvements to a park for...
Maybe. MCL 339.2011 governs the construction of public works and imposes the requirement for certain projects to require a licensed engineer...
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Managing Social Media in the Wor...
Where employees used to huddle around the breakroom watercooler, they now huddle around their smartphones. Recent studies report that 69% of...
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Join FSBR at MTA On The Road!
Fahey Schultz Burzych Rhodes is an Allied Service Provider with the Michigan Townships Association and participates in many seminars, confer...
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Can an Unmarried Spouse Sell a H...
Q&A Video Clips If a surviving spouse sells their home to buy another one in Michigan, will the unmarried spouse be allowed the veteran&...
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What’s the legal spelling ...
Q&A Video Clips What’s the legal spelling of marijuana in Michigan? If I’ve opted-in to commercial medical marijuana, can re...
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Eight Fahey Schultz Burzych Rhod...
Fahey Schultz Burzych Rhodes PLC is pleased to announce that eight of its lawyers have been named 2019 Michigan Super Lawyers and Michigan ...
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May a Township establish a set o...
Yes. The Michigan Open Meetings Act provides in MCL 15.263(5) that a person shall be permitted to address a public body “under rules estab...
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Township Law Legal Update: Recen...
Further exploring the topic of recent zoning and planning decisions discussed in our June 2019 E-Letter (available here), the Michigan Court...
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5 Fahey Schultz Burzych Rhodes P...
Fahey Schultz Burzych Rhodes PLC is pleased to announce that 5 of its lawyers have been selected for inclusion in the 2020 Edition of...
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What’s the advantage in ch...
Q&A Video Clips Why are villages permitted to be agencies under Act 51? What other differences are there between township and village go...
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What happens if we do nothing ab...
Q&A Video Clips What happens if my Township has not made a decision about allowing recreational marijuana? Attorney Matthew Kuschel brea...
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Does a Township have to contact ...
Yes, if the township has authorized commercial medical marihuana facilities. Section 205 of the Michigan Medical Marihuana Facilities Licens...
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The Rules Every Township Should ...
In 2018, Michigan voters approved the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”), which became effective December 6, 20...
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If an elected official is resign...
No. There are no general posting requirements for vacancies created by the resignation of township elected officials under the Michigan Elec...
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Township Law Legal Update: Recen...
In the last year, the Michigan Court of Appeals has already issued multiple decisions that impact planning and zoning within townships. Thes...
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Can current township employees (...
No. The Michigan Planning Enabling Act, Act 33 of 2008, MCL 125.3801 et seq. allows municipalities to create planning commissions. Among oth...
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Lead and Copper Rule ChangesR...
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 ac...
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Are Citizen Referendum Rights an...
Township officials are elected to township boards every four years. Townships are operated and governed by township boards, which are struct...
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Does federal law impact whether ...
Given the current national debate, does federal law impact whether local government officials must coordinate with federal immigration offic...
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Can a county commissioner from a...
You have asked whether a county commissioner from a charter township may also hold a seat on an ordinance writing committee for general law ...
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Assessing Reform Under New Michi...
For years, the State Tax Commission (STC) used a “14-point review” evaluation process to enforce statutes, administrative rules, and cou...
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Mandatory Paid Medical Leave
Michigan’s Paid Medical Leave Act (the “PMLA”) establishes eligible employees’ rights to accrue and use paid leave for personal and ...
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Does a township have to pass a m...
No. There is no statutory obligation for a township to adopt a millage to assist a county road commission in construction, maintenance, or i...
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New and Improved Paid Medical Le...
Michigan’s Paid Medical Leave Act (the “PMLA”) establishes eligible employees’ rights to accrue and use paid leave for personal and ...
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The township has an individual t...
The Township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. When a project comes before both, ...
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The Township has an individual t...
The Township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. When a project comes before both, ...
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Goodbye “Emily!”: A Review o...
As 2018 came to a close, the Legislature rapidly passed a number of new laws, many of which impacted Michigan’s many townships. These la...
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Does a Deputy Clerk have to be a...
Elected officials must be residents of the township in which they are seeking office. MCL 168.342 provides that “[a] person is not eli...
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Townships Got Run Over By Wirele...
During the 2018 lame duck session, many bills were introduced, and some passed, attacking the authority of local government. Senate Bill 637...
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Can a Township be reimbursed for...
The answer depends on whether the township is involved in litigation that is the basis of the subpoena. If the township is a party to the li...
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Permissible Local Regulation of ...
Initiated Law 1 of 2018, the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) legalizes the cultivation, possession, and use ...
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How long after someone receives ...
The Michigan Zoning Enabling Act, MCL § 125.302(1), allows a legislative body to provide for special land uses in a zoning ordinance. The t...
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Mandatory Sick Leave: The Future...
The Michigan Legislature adopted a proposed ballot measure, Michigan’s Earned Sick Time Act (the “Act”), as law on September 5, 2018. ...
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What are the requirements of pla...
Townships requesting to levy taxes over the statutory authorized millage amounts must have the electors vote to approve such millage. This i...
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Open Meetings Act Legal Update
The Open Meetings Act (“OMA”) allows townships to enter closed sessions based on exemptions provided in OMA. Recent Court of Appeals dec...
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Limits of Medical Marihuana Regu...
Two recent cases from the Michigan Court of Appeals dramatically undercut many municipalities’ use of zoning power to require permits or f...
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Is it possible to write a non-zo...
Yes. MCL 41.181 and MC 42.15 allow a township to adopt non-zoning ordinances (often referred to as police power ordinances) to regulate as m...
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How long after someone receives ...
The Michigan Zoning Enabling Act, MCL § 125.302(1), allows a legislative body to provide for special land uses in a zoning ordinance. The t...
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Townships With Websites Should E...
Townships have been increasing information accessibility by providing information online through websites and social media platforms, includ...
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Ins and Outs of Collective Barga...
In last month’s E-letter, we tacked the preparatory steps township bargaining teams should consider and undertake before collective bargai...
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When an alley is formally vacate...
An owner of property abutting a street, alley, or other public right-of-way has a reversionary interest to the center of the street or alley...
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Do you have to be a resident of ...
No. Township elected offices must be occupied by registered and qualified electors of the township in order to be eligible for that township...
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Ins and Outs of Collective Barga...
Municipal employees are the first line of service to citizens. They put a “face” on local government. Managing employees—and their...
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Burzych Named Top-Tier Franchise...
Mark J. Burzych has been named one of the top franchise lawyers in the country by the franchise industry leading publication, Franchise Time...
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Current Township Water & Se...
Townships frequently contract with cities and villages for water and sewer service. In some cases, cities and villages demand township resid...
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Can a Township Supervisor also s...
Under the Planning Enabling Act, the Township Supervisor appoints the members of the Planning Commission, subject to approval by the Townshi...
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How will my township be effected...
The State Tax Commission (“STC”), the agency responsible for ensuring substantial compliance with the requirements of the General Proper...
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Impacting Wetlands: How to Handl...
In an effort to preserve wetlands, restrictions and conditions have been placed on the use and development of wetland property in the form o...
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To Pay or Not to Pay: The Distin...
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 ...
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If no one applies for an open po...
No. Township offices can only be occupied by registered electors. A person is not eligible for a township office unless the person is a regi...
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Can a Township prohibit the outd...
No. On January 18, 2018, the Court of Appeals ruled that the Michigan Medical Marihuana Act (“MMMA”) preempts a local township from adop...
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Top Ten Medical Marihuana Emerge...
Since the legislature adopted the Medical Marihuana Facilities Licensing Act (“MMFLA”) establishing commercial medical marihuana facilit...
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Can a township allow the tempora...
Yes. The Bureau of Medical Marihuana Regulation (the “Department”) issued its emergency rules (“Rules”) that were promulgated under ...
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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...
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Can a general law township rely ...
No. Townships are organized as a municipal body with the powers and immunities provided to them by law. Michigan Constitution, Article VII, ...
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Township Law Legal Update: Recen...
Laws that apply to townships are changed frequently by the Legislature and the courts. This month’s E-letter focuses on decisions handed d...
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If a township adopts an amendmen...
No. The Michigan Zoning Enabling Act expressly recognizes nonconforming uses in MCL 125.3208(1): “If the use of a dwelling, building, or s...
Read More -
The Michigan Bureau of Medical M...
Since the legislature adopted the Medical Marihuana Facilities Licensing Act (“MMFLA”) establishing commercial medical marihuana facilit...
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Ask the Experts LIVE!
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 Mi...
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A Franchisee employee’s posts ...
You are experiencing the “new frontier” of difficult business issues that society will have to deal with in the coming years. What use...
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Our customer relations departmen...
You are experiencing the “new frontier” of difficult business issues that society will have to deal with in the coming years. What use...
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Can a Township Supervisor appoin...
A Township Supervisor can appoint a Deputy Supervisor. The Deputy takes an oath of office and may be paid a salary or otherwise as determine...
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Does Your Township Need a Solar ...
In an effort to promote renewable energy within Michigan, the Legislature passed Public Act 342 in 2016. This Act amended Michigan’s Clean...
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Fahey is “Lawyer of the Ye...
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 Amer...
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Schultz is “Lawyer of the ...
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 Th...
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How does the First Amendment (fr...
Contrary to popular belief, the First Amendment of the US Constitution does not give township residents the right to make remarks during a m...
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Ten Strategies for Effective Ord...
Many townships continue to struggle with ordinance enforcement. There are multiple reasons, including knowledge of the enforcement process, ...
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Five Members are “Best in ...
Five members of the firm have been selected for inclusion in the 2018 Edition of the national publication, The Best Lawyers in America. Th...
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Update on Joint Employer: Depart...
On June 7, 2017, the U.S. Secretary of Labor, Alexander Acosta, announced the withdrawal of the U.S. Department of Labor’s (“DOL”) Wag...
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Can a township prohibit charitab...
No. A recent amendment to the Motor Vehicle Code (MCL 257.676b) expressly permits charitable and civic organizations to solicit in the stree...
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Township Employees: The Correcti...
Like any other employer, townships have a constant interest in maintaining an efficient operation. This relies heavily not only on fiscal ma...
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How can townships regulate grand...
Townships revising their zoning ordinance often face the dilemma of creating nonconforming land uses. In common parlance, many use the term ...
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Is Your Personnel Policy Manual ...
We have often heard Township Officials state that they do not need an Employee Handbook or a Personnel Policy Manual because “We are a sma...
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Fahey Schultz Burzych Rhodes Ele...
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 practi...
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I am looking to purchase a franc...
A “Financial Performance Representation” is a statement by the franchisor regarding how much a franchisee could make if the franchisee p...
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Can a public meeting agenda be c...
Generally, yes. For regular meetings, a member of the township board can move to amend the agenda to add a business item for discussion or a...
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Township Law Legal Update: New C...
When regulating property, townships face difficult decisions. Although townships may wish to rely on their police power to enact and enforce...
Read More -
Christopher Patterson Named a &#...
Christopher Patterson, an associate attorney with the firm, is recognized as one of the “Top 5” attorneys under the age of 35 in Ingham ...
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If there is a private cemetery w...
No. State law mandates the proper care of township cemeteries (referred to as public cemeteries), but not private cemeteries within the town...
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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 dis...
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I run a pizza franchisor and rec...
This is a much broader question than pizza cheese. This is a question about the enforcement of brand standards, which is paramount to a fr...
Read More -
Who has authority over deputy cl...
Township clerks have authority over deputy clerks and township treasurers have authority over deputy treasurers. Under Michigan Township Law...
Read More -
Top Ten Questions Newly-Elected ...
In November of last year, many new township board members joined the municipal community as supervisors, treasurers, clerks, and trustees. T...
Read More -
Should a township write a civil ...
Most likely. There are often instances where a commercial development is owned by a single property owner who rents space to tenants on the ...
Read More -
The Emerging Trend of Wedding Ba...
New uses are always impacting how a township applies or amends its regulations. Numerous townships have seen an emerging trend where histori...
Read More -
What changes can be expected for...
First, in late November, just in time for Thanksgiving, a Texas federal judge on Tuesday entered a nationwide injunction blocking the U.S. D...
Read More -
2016 In Review: Important Open M...
Like many aspects of township law, developments in technology and the prevalent use of email and cellphones has made compliance with the OMA...
Read More -
Does a township have any legal r...
No. Currently, no such law exists. Even FOIA requests that a township believes is being submitted for the purposes of harassment must be ans...
Read More -
Can township trustees eliminate ...
Generally, a township does not have the authority to limit the subjects that may be addressed during public comment. In certain narrow circu...
Read More -
2016 In Review: Important Freedo...
Like many aspects of Township law, recent legal developments under the Freedom of Information Act (FOIA) have made it increasingly complex t...
Read More -
Can a property owner claim a pri...
Yes. In accordance with the General Property Tax Act (GPTA), “an owner of property who previously occupied that property as his or her pri...
Read More -
Can a township hire someone for ...
Yes. Under MCL 41.75a, “[t]he township board may employ a township manager and other employees as are necessary.” There are no notice re...
Read More -
The New Law On Commercial Medica...
After years of uncertainty about the voter-initiated Medical Marihuana Act, last month the legislature took a big step toward clarification ...
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FREE NEWLY-ELECTED OFFICIALS WOR...
Fahey Schultz Burzych Rhodes PLC is offering a free township law workshop for newly-elected officials! In one afternoon, our township law a...
Read More -
Can the Township Board remove th...
Yes. The Zoning Board of Appeals (ZBA) is a body described in the Michigan Zoning Enabling Act. The ZBA’s powers are described in the Zoni...
Read More -
Understanding Cable Franchise Re...
Many townships in Michigan struggle with cable franchise requests, either as new requests for franchises or renewals of current franchises. ...
Read More -
Is there a prohibition on Townsh...
Generally, no. There is no state law that prohibits family members from being officers of the township. Similarly, there is no state law tha...
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Township Law Legal Update (Part ...
Returning with our second part on township law legal updates, we review decisions impacting township authority to regulate local concerns pr...
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Have there been any recent state...
Yes, after several years of consideration, Congress has enacted the Defend Trade Secrets Act (“DTSA”). This is the first feder...
Read More -
Township Law Legal Update (Part ...
Laws that apply to townships are changed frequently by the Legislature and the courts. This month’s E-letter focus on decisions handed dow...
Read More -
May a Township Board Member be s...
Likely Yes. This issue has not been directly presented to the Michigan Court of Appeals or Supreme Court. But in 2000, the Michigan Attorney...
Read More -
Can a member of the Zoning Board...
No. The answer is based on prohibitions in the Michigan Zoning Enabling Act and the Michigan Planning Enabling Act regarding this situation....
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Big Box Stores: Finding New Solu...
In our March E-Letter, we recounted the serious setbacks that big box stores have been handing to taxing jurisdictions in the Michigan Tax T...
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What are some of the hot topics ...
Having just completed the renewals for our franchise clients, we spent a lot of time talking with clients about the “joint employer” iss...
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Can A Township Board Member’s ...
No. The Township Board does not have this authority in a general law township unless two conditions are met. MCL 41.95(2) states that “the...
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Noise Ordinances Under Attack
Townships often use police power ordinances for the regulation of noise. But noise regulation presents unique problems in determining how to...
Read More -
Common Employment Issues and Pol...
There are many employment issues and very few “one-size-fits-all” answers. But there certainly are a core set of employment concepts and...
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Schultz is Employment Law-Manage...
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 in...
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Creative Solutions for Our Clien...
At Fahey Schultz Burzych Rhodes PLC, we constantly challenge ourselves to think “outside the box” in order to achieve the goals of our c...
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Bower Presents at Advanced Legal...
Attorney Ross Bower of Fahey Schultz Burzych Rhodes PLC recently spoke at the Michigan Association of Municipal Attorneys’ 30th Annual Adv...
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How much flexibility should I gi...
That is such a great question! Franchising is a model of system growth that uses independent businesses and independent capital to grow. ...
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Who is responsible for sidewalks...
The township has jurisdiction over sidewalks within township boundaries, regardless of the existence of the unincorporated village. “A mun...
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When must a township “offi...
The term “official” can be used to represent at least two classes of individuals who serve a township: (1) elected officials and (2) oth...
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The Big Box Store Pandemic Has S...
For over five years, the Michigan Tax Tribunal (MTT) has been ruling against townships, sending the message that big box stores are not wort...
Read More -
Fahey is Municipal “Lawyer...
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...
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Why are township officers select...
Whether an election is partisan or non-partisan is a function of statutory law . The primary statutory source in Michigan for elections is t...
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Drain Code Basics: Ten Things To...
Michigan’s drainage laws originated well before it achieved statehood, but are no historical artifact. Despite the long history of drainag...
Read More -
Election Law Restricting Municip...
Earlier today, United States District Judge John Corbett O’Meara issued an order temporarily enjoining the State from enforcing § 57(3) o...
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Fahey Schultz Burzych Rhodes PLC...
The Members of Fahey Schultz Burzych Rhodes PLC, a leading boutique mid-Michigan law firm, have elected Mark J. Burzych as President and Ros...
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Is the Township Treasurer requir...
No. Although the Township Treasurer is required to sign all checks, concluding that the Treasurer must do so without proper supporting docum...
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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 asses...
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Mark Burzych to Speak at Craft B...
Come learn with Mark Burzych, our experienced business attorney, who will be speaking at the Craft Beverage Entrepreneur’s Workshop. The...
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Can a Township Supervisor unilat...
No. The Supervisor does not have this authority. MCL 125.3815(9) states that “the legislative body may remove a member of the planning com...
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What is the effect of the recent...
In the wake of the National Labor Relations Board’s (“NLRB”) focus on classifying franchisors to be the joint employer with its franch...
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Township Law Legal Update: Part ...
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 ...
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As our restaurant heads into the...
Yes, and unfortunately, some of your worries concern the government’s oversight of your business. First, be aware that the Holiday Seaso...
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What are the qualifications to b...
First, the township sets the qualifications for its fire chief. Certainly there are standards of certification of the individual as a fire...
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Dealing with Distressed Properti...
Recently the economy has seen an uptick and property values are restoring, as well as townships’ tax basis. Prior to this resurgence, ho...
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Michigan Charter Boat Associatio...
On October 17, 2015, the Michigan Charter Boat Association presented Okemos attorney, Stephen Schultz, its annual award for service to the s...
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Township Employees and Collectiv...
Collective bargaining for townships presents unique challenges that do not exist in the private sector. As the decision makers, township off...
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Do fire board members violate th...
The Michigan Open Meetings Act requires that all “deliberations” of a public body constituting a quorum of its members take pla...
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Is there anything new at the Nat...
Yes. On August 27, 2015, the NLRB issued a highly anticipated decision related to the application of its joint-employer standard (the “S...
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Does a farmer constructing a pol...
The answer depends on the farming operation and the structure proposed. Many townships or counties are involved in issuance of a building pe...
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Township Law Legal Update: Part ...
Laws that apply to townships are changed frequently by the Legislature and the courts. The courts hand down new interpretations that must be...
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If the township has currently hi...
In light of the recent State of Michigan Attorney General Opinion No. 7285, many townships have asked whether a building official must be hi...
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Delinquent Personal Property Tax...
Although personal property tax has seen significant revisions by the Legislature in the past two years, collection of personal property tax ...
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National Labor Relations Board (...
Question: Have there been any updates from the National Labor Relations Board on franchising issues? Answer: Yes. As you know, the NLRB an...
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Beware: Franchise Sales Are Regu...
Fast Facts: Many professional athletes are investigating franchising as professional careers beyond sports. Franchise sales are transactio...
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Franchising’s Top 10 Quest...
If you run a successful restaurant, have a snappy logo, possess high brand recognition, serve great food, train your staff to provide exemp...
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Understanding the Law: Buyers Be...
That new liquor license may come with something you didn't expect: The previous owner's tax burden. According to published reports, ...
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Vive La Difference? Selective En...
Franchisors typically employ standard contract terms and conditions to establish the nature of their relationships with franchisees. Althoug...
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How does the Township Treasurer ...
A bankruptcy proceeding occurs when an insolvent business (or individual) files a petition, which starts the bankruptcy proceeding. On the d...
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Property Tax Legal Update
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...
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Under the recent amendments to t...
No. The website-related requirements under FOIA only apply if the township actually has an official internet presence. But, a township that ...
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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 ...
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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 ...
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I think I want to “protect...
Question: I have been using my business' name for 3 years. I think I want to “protect” my name. What should I do? Answer...
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Do the amendments to the Michiga...
Generally, FOIA requires that a request of “public records” be in “writing.” A “writing”, as defined by FOIA, does not include a...
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How to Regulate Wind Energy Proj...
Although wind turbines have been used for centuries, recent advancements in technology have made wind turbines a viable source of alternativ...
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DTE Energy Retiree Joins Fahey S...
Bruce R. Maters has joined the Okemos, Michigan law firm, Fahey Schultz Burzych Rhodes PLC, focusing on public utility regulatory and energy...
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Ethical Considerations for Towns...
Michigan law imposes some clear standards and other less-defined standards of conduct for township officials. Violations of these standards ...
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I often am confused as to when t...
The confusion is understandable as the township board is often addressing resolutions and ordinances in the same meeting. For instance, the ...
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Can the township reject applican...
Applicants are not legally required to share this type of information with the employer before being hired. The township may not discriminat...
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Changing Retiree Health Benefits...
Retiree healthcare benefits are a massive liability that place great stress on already-stressed municipal budgets. Unpredictable changes in ...
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Cooley Law School Professor Join...
John S. Brennan has joined the Okemos, Michigan law firm, Fahey Schultz Burzych Rhodes PLC as a litigation professional focusing on civil li...
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Selecting a franchise consultant...
Question: I think I want to franchise my business, but I need some help. How would I select a franchise consultant and a franchise lawye...
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Franchised Business Congratulati...
The franchise lawyers at Fahey Schultz Burzych Rhodes PLC would like to congratulate our client and friend, Bridgett Tubbs-Carlon, for bein...
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If a township adopts a new zonin...
If a township adopts a new zoning ordinance or amends its current zoning ordinance, how does that create a nonconforming use? Legally existi...
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2015 Employment Law Update: Part...
Effective township governance includes the responsibility of being an effective employer. This responsibility requires townships to face man...
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How do you see the decisions of ...
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 ...
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Private Disputes: When Should th...
Private disputes can arise quickly and turn once-friendly neighbors into plaintiffs and defendants. In an effort to avoid being involved in ...
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FSBR Attorneys Present at MTA...
Come meet our township attorneys as they discuss hot topics during the educational sessions for township officials at the MTA’s Annual Ed...
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The National Labor Relations Boa...
Question: I understand that the National Labor Relations Board (“NLRB”) is taking some action against franchisors and franchisees, arg...
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In October, you addressed 10 com...
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...
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Township Considerations when Pro...
With growth in the labor force and manufacturing industry, townships are seeing more interest in tax abatement opportunities. Tax abatements...
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Is a township subject to any pen...
Act 152 of 2011 expressly limits public employer payments of annual healthcare premium costs for its employees. The Act strictly limits 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 comp...
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McDonald’s and the Nationa...
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...
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Can township trustees attend tow...
Yes. Although the Attorney General ruled in 1977 that telephone conferences could not meet Open Meetings Act requirements, the Court of Appe...
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Common Freedom of Information Ac...
Last month we asked our readers whether their townships had Freedom of Information Act (FOIA) policies. Fifty-eight percent of the responses...
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Fire Department Financing and Co...
There are three general sources of funds for financing fire department operations: taxes, special assessments and fees. No single one of the...
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Burzych is “Lawyer of the ...
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 inclus...
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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 constant...
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A competitor is using my name an...
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? Answe...
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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, w...
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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 exampl...
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Prospect questions regarding fra...
Question: Recently, I have been discussing with some prospects about franchising my brand. They want to know how much they can make oper...
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2014 Property Tax Update —...
Last month, our E-Letter focused on some of the recent developments in property tax law. This month, our E-Letter addresses additional devel...
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2014 Property Tax Update–P...
It is property tax time again! As Boards of Review close and assessment rolls are finalized, it’s time for another Property Tax Update. Th...
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Are there any new developments i...
Question: Are there any new developments in franchise sale regulation? Answer: There is something we are watching that will change the...
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2014 Michigan Medical Marihuana ...
Many townships have been following legal developments under the MMMA since its 2008 enactment. The Michigan Supreme Court just decided a cas...
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2014 Choosing Your Township Atto...
Michigan townships currently receive legal counsel from more than 250 attorneys and law firms around the state. Township attorneys and law f...
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Annual updating process for FDD&...
Question: Will you please explain the annual updating process for my Franchise Disclosure Document? Answer: This is the time of the year ...
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2013 Open Meeting and Freedom of...
Like many aspects of Township law, recent legal developments under the Open Meetings Act (OMA) and Freedom of Information Act (FOIA) have ma...
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2013 Township Zoning and Land Us...
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-Lette...
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Concerns with the sale of gift c...
Question: With the holiday season approaching, what do I need to be concerned about with the sale of gift cards? Answer: According to th...
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2013 Township Zoning and Land Us...
The challenges of zoning and land use regulation continue to change as the law develops. Some of the recent legal developments stem from new...
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Understanding the Right to Farm ...
Michigan enacted the Right to Farm Act more than 30 years ago to protect farmers from lawsuits by neighboring property owners. The law was a...
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How do I begin the process of fr...
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 b...
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2013 Regulating Receiving Antenn...
Most Townships are familiar with the regulation of communications broadcast and cell towers and it is common for zoning ordinances to regula...
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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 constant...
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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, in...
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Bath Charter Township retains FS...
The Bath Charter Township Board has voted unanimously to hire the Okemos law firm of Fahey Schultz Burzych Rhodes to serve as the Township...
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Can I choose to franchise only i...
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 ...
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2013 Labor and Employment Law Up...
There are a great number of Michigan and federal anti‐discrimination laws that affect townships in their role as employers. Of course, the...
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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 Commissi...
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Is my restaurant design protecta...
Question: The theme of this Restaurateur is “Restaurant Design.” Is my restaurant design protectable under the law? Answer: Generall...
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2013 Township Property Tax Updat...
It is property tax time again! Your board of review just finished mulling over property owners’ annual filings last month, commercial and ...
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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. St...
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FSBR Welcomes Christopher Patter...
Fahey Schultz Burzych Rhodes PLC welcomes Chris S. Patterson to the law firm to handle municipal and intellectual property matters. He bec...
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Follow up on Affordable Care Act...
Question: I have some follow up questions to your column last edition. Is counting up my Full Time Equivalent (“FTE”) employees as ea...
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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. ...
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How do I incorporate training in...
Question: How do I incorporate training into my systems? Answer: Training is critical element of integrating a new franchisee into your sy...
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FSBR to Host Free Workshop for T...
Township Friends, The elections are finally over. Welcome to (or back to) the Township Board! Make sure you and your new township board co...
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How should I assist my franchise...
Question: How should I assist my franchisees with the operations of the franchised location? Answer: Systemized Operations … the hallm...
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Four Members are “Best in ...
Four members of Fahey Schultz Burzych Rhodes PLC have been selected for inclusion in the 2013 edition of the national publication, The Best ...
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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 franchise...
Question: How should I assist my franchisees with the site selection process? Answer: After the process of selecting the proper franchisee, ...
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If I sell a franchise, how can I...
Question: Once I sell a franchise, how can I assure that the franchisee will follow the system? Answer: A franchisee will want to foll...
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Steve Schultz Speaks on Ethics i...
Recently, Steve Schultz addressed the Michigan Municipal Treasurers Association's annual Institute on the topic of Ethics in Local Gover...
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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 C...
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Bill Fahey Presenting to America...
On May 24, 2012, Bill Fahey will speak to the American Public Works Association on Intergovernmental Collaboration, Cooperation and Consolid...
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Ross Bower Named a “Top 5 ...
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 ...
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Township Law E-Letter Marks 4th ...
The Township Law E-Letter, published monthly by Fahey Schultz Burzych Rhodes PLC, recently celebrated two significant milestones. Edited b...
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Fahey Co-Writes Michigan Municip...
Bill Fahey is co-author of the upcoming Michigan Municipal Law treatise chapter on Conflict and Cooperation Between Local Governments. The...
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Bower and Mills Serve as Judges ...
FSBR attorneys Ross Bower and Helen “Lizzie” Mills recently served as judges for the Mason High School Simulated Congressional H...
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Steve Schultz to Address Michiga...
On March 20, 2012, Steve Schultz will address the “Master Academy” of the Michigan Associaion of Municipal Clerks at its confere...
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How Can I Protect My Franchise f...
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: ...
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Burzych to Facilitate a Business...
On February 14, 2012, Mark Burzych will facilitate a “Business Roundtable” at the International Franchise Association's Annu...
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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...
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FSBR Attorney Presents at Proper...
FSBR attorney Ross Bower recently spoke at the “Property Tax Appeals” Sterling Education Services seminar in Southfield, Michiga...
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FSBR Lawyers Judge Statewide Mid...
FSBR lawyers Helen “Lizzie” Mills and Ross Bower recently served as judges for the Michigan Youth in Government competition at C...
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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 understan...
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Fahey Schultz Firm is First Tier...
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 20...
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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 ...
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FSBR Members are “Best in ...
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 ...
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U.S News Names Schultz Employmen...
Best Laywers, the oldest and most respected peer-review publication in the legal profession, has named Stephen O. Schultz as the Lansing-are...
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Burzych and Schultz to Present a...
Mark Burzych will present a seminar entitled “How to Design Your Brand For Franchise Success” to the Michigan Restaurant Associa...
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Breaking News: New State Law Li...
Strategic Partner Analysis Download the full analysis Governor Snyder is expected to sign a new law that will limit public employer contribu...
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Steve Schultz to Co-Facilitate I...
On August 18, 2011, FSBR attorney Steve Schultz, together with well known municipal consultant, Lew Bender, Ph.D., will facilitate a full-da...
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Steve Schultz to Present at MATS...
Steve Schultz will be one of five speakers addressing the upcoming 2011 Fall Education Conference of the Michigan Association of Township Su...
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How to Prepare a Concept for Fra...
Question: I have been reading with interest the series in the Michigan Restaurateur on how to prepare a concept for franchising. I understan...
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How to Prepare a Concept for Fra...
Question: I have been reading with interest the series in the Michigan Restaurateur on how to prepare a concept for franchising. I understan...
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How to Prepare a Concept for Fra...
Question: I have been reading with interest the series in the Michigan Restaurateur on how to prepare a concept for franchising. What else s...
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Steve Schultz and Ross Bower par...
Ross Bower, who serves as President of the Young Lawyers Section of the Ingham County Bar Association, recently organized a Young Lawyer Tra...
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Steve Schultz Presented to Munic...
Recently, Steve Schultz was a featured speaker at the Michigan Association of Municipal Clerk's Basic Institute at the Comfort Inn in Mt...
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Ross Bower had busy fall with th...
FSBR attorney Ross Bower, President of the Ingham County Bar Association's Young Lawyers Section (YLS), led YLS in numerous community se...
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Bill Fahey, Steve Schultz and St...
FSBR attorneys Bill Fahey, Steve Schultz and Stacy Hissong are slated to present educational sessions at the Michigan Townships Association&...
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Ross Bower speaks to Drain Commi...
Recently, FSBR attorney Ross Bower gave a presentation about the Freedom of Information Act (FOIA) to members of the Northwest District of t...
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FSBR Associate Attorney Employme...
OKEMOS AV-Rated Law Firm has an immediate opening for an Associate Attorney with 2-5 years experience to join a growing law practice. Positi...
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FSBR to Present Free Seminars at...
Please join us at the Michigan Restaurant Show on October 19 and 20, 2010 at the Rock Financial Showplace in Novi, Michigan. Show Floor hour...
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Rhonda Mask Named Legal Professi...
Rhonda Mask, a Paralegal with the firm, has been named “Legal Professional of the Year” by the Lansing-area Chapter of the National Asso...
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Protecting Your Township Boundar...
Bill Fahey will be giving Protecting Your Township Boundaries workshops for the MTA in April. Learn about city and village annexation techni...
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Ross Bower participates in “As...
Continuing the firm’s commitment to community service, attorney Ross Bower recently offered free consultations to Lansing-area residents a...
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Two Men and A Truck® Retain FSB...
Fahey Schultz Burzych Rhodes is pleased to report that it now serves as legal counsel to Two Men and A Truck®/International. The firm will ...
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Matthew Drake Named a “Top 5 U...
Matthew D. Drake has been recognized as one of the “Top 5” attorneys under the age of 35 in Ingham County for 2010. The award recipients...
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Bill Fahey presenting at MTA’s...
Bill Fahey will present two workshops on Friday, August 6, 2010, at the MTA’s UP Summit in Harris (near Escanaba), a first-ever Michigan T...
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Ross Bower begins term as Presid...
FSBR attorney Ross Bower has been selected to serve as the President of the Young Lawyers Section of the Ingham County Bar Association for t...
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Stacy Hissong Joins FSBR
Fahey Schultz Burzych Rhodes PLC welcomes Stacy L. Hissong to its Local Government Group. Ms. Hissong brings her recognized expertise in the...
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Bill Fahey and Steve Schultz to ...
The Michigan Township Association’s Annual Conference in January, 2010 will feature four presentations by Bill Fahey and Steve Schultz. St...
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Mark J. Burzych featured author ...
Mark Burzych continues to be a featured author for the Michigan Restaurant Association’s bi-monthly magazine “Restaurateur”. The artic...
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Ross Bower Receives Breath Test ...
Ross Bower participated in the Michigan State Police Traffic Safety Division’s Evidential Breath Test Training in Ann Arbor. He was the on...
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Firm Sponsors Second Annual Regi...
Fahey Schultz Burzych Rhodes PLC is again sponsoring the Lansing Economic Club’s Regionalism Forum for 2010. This encore of last year’s ...
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Burzych Appointed to State Bar o...
Mark J. Burzych has been appointed to the State Bar of Michigan’s Business Impact Committee. The Committee is part of the State Bar of Mic...
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Steve Schultz Discusses Arbitrat...
The Michigan Public Service Institute annually brings together more than 100 Public Works Directors and other management staff from all over...
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Trademark Practice Group Update
Mark Burzych and Matthew Drake lead Fahey Schultz Burzych Rhodes PLC’s Trademark Practice Group, which specializes in trademark registrati...
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Talk to an Attorney
Request a ConsultationAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.
