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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On December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (“COVID-19 Stimulus Act”), authorizing assistance...
Read MoreOn December 29, 2020, Governor Whitmer signed House Bill 5126 and House Bill 5504 to provide updates to the Michigan Drain Code. House Bill ...
Read MoreGenerally, yes. Typically, a Township’s Zoning Ordinance will provide for a written standard that must be applied when considering a reque...
Read MoreMany townships rely heavily on independent contractors for township services. Whether the township uses independent contractors to manage an...
Read MoreSince the start of the COVID-19 pandemic, drain commissioners across the state have been holding meetings of their public bodies (including ...
Read MoreOn 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...
Read MoreReturn to Work After Close Contact The United States Centers for Disease Control and Prevention (“CDC”) recently updated its guidance re...
Read MoreTrue Cash Value and Market Value have been determined by Michigan Courts to be synonymous terms. The tax statute uses the term True Cash Val...
Read MoreOn November 15, 2020, the Director of the Michigan Department of Health and Human Services (“MDHHS”) issued an emergency “Gatherings a...
Read MoreThe State Tax Commission (“STC”) is a three-member commission appointed by the Governor. The STC is the authority charged with supervisi...
Read MoreAs 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...
Read MoreFahey Schultz Burzych Rhodes PLC has been ranked in the 2021 U.S. News – Best Lawyers® “Best Law Firms” list regionall...
Read MoreYes. 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...
Read MoreWith the 2020 General Election only days away, it is important to have an up-to-date understanding of all laws, court cases, and regulations...
Read MoreOn October 14, 2020, the Michigan Occupational Safety and Health Administration (MiOSHA) issued Emergency Rules requiring employers to take ...
Read MoreOn October 12, 2020, the Michigan Supreme Court ruled in House of Representatives and Senate v Governor (a pending state case challenging th...
Read MoreThis past Friday, the Michigan Supreme Court ruled that Governor Whitmer had no legal authority to issue emergency executive orders in respo...
Read MoreFahey Schultz Burzych Rhodes PLC is pleased to announce that eight of its lawyers have been named to the 2020 Michigan Super Lawyers and Mi...
Read MoreNo. Michigan cases demonstrate that the submission of a bid does not establish any reasonable expectancy to have been awarded the public pro...
Read More“Short-term rentals” (“STRs”) generally refer to houses offered for temporary rental occupation, often facilitated by websites such ...
Read MoreEarlier this year, the Department of Labor’s (the Department) new rule interpreting the definition of “joint employer” under the Fair ...
Read MoreIn June, the United States Department of Labor (“DOL”) revised some of its Family and Medical Leave Act (“FMLA”) forms. While the DO...
Read MoreAs 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...
Read MoreLast week, we told you about President Trump’s August 8 Memorandum (available here) directing the Treasury Department to defer payment of ...
Read MoreNo, as long as the county-wide paper is “generally circulated” in the Township. Under the Michigan Zoning Enabling Act, public hearings ...
Read MoreRestaurant owners, entrepreneurs, and other businesses here and around the world have utilized outdoor dining or retail space to enhance the...
Read MoreOn August 8, President Trump issued an Executive Order and three memoranda with the stated hope of reinvigorating the American economy despi...
Read MoreOn August 27, 2020, Governor Whitmer issued Executive Order 2020-172, the seventh updated Workplace Safety Order. This guidance reaffirms th...
Read MoreFahey Schultz Burzych Rhodes PLC is pleased to announce that 8 lawyers have been selected for inclusion in the 2021 Edition of The Best La...
Read MoreOn August 8, President Trump issued an Executive Order and three memoranda with the stated hope of reinvigorating the American economy despi...
Read MoreOn July 30, 2020, Governor Whitmer issued Executive Order 2020-161, the fifth updated Workplace Safety Order, which sets out further guidanc...
Read MoreOn July 30, 2020, Governor Whitmer issued Executive Order 2020-160, the Amended Safe Start Order, further restricting indoor and outdoor gat...
Read MoreFahey Schultz Burzych Rhodes remains open for business. These times are unprecedented, and so is our commitment to being here for our cli...
Read MoreAlthough the language of the bequest may impact the exact answer to this question, assuming that the fire department is part of the township...
Read MoreRecent legal developments by the Michigan courts regarding the Freedom of Information Act (FOIA) have both helped determine the scope of the...
Read MoreFrom March through June, Governor Gretchen Whitmer issued “Stay-at-Home” orders, restricting those who were not classified as essential ...
Read MoreOn July 1, 2020, Governor Whitmer: 1) issued Executive Order 2020-143, which closes certain food service establishments for indoor service t...
Read MoreIs a Township required to receive sealed competitive bids before letting contracts on public works projects? No. The Michigan Legislature ha...
Read MoreWith the Michigan Stay at Home Order being lifted and resumption of operations pursuant to Michigan Executive Order 2020-114, townships now ...
Read MoreMichigan’s Work Share Program allows employers to temporarily reduce full-time employees’ hours as an alternative to layoffs and furloug...
Read MoreThe North American Securities Administrators Association Franchise Project Group (“NASAA”) recently provided guidance for state regulato...
Read MoreMore than likely, yes, under the current law, but it should be considered carefully because it ultimately depends on the factual context of ...
Read MoreCongratulations! You have made it through the hardest part of ordinance enforcement by obtaining a judgment. But now what? Often obtaining...
Read MoreToday, the Governor of Michigan issued Executive Orders 2020-91 and 2020-92, establishing new standards all employers who have employees d...
Read MoreOn May 8, Michigan Governor Gretchen Whitmer issued Executive Order 2020-77, extending and altering the Stay Home, Stay Safe guidelines unti...
Read MoreGovernor Gretchen Whitmer’s March 24 Executive Order 2020-21, mandating that individuals to “stay at home” in response to the novel co...
Read MoreYes. Very recently the Michigan Supreme Court reversed lower court decisions and held that zoning ordinances are valid under the Michigan Me...
Read MoreMichigan Governor Gretchen Whitmer issued Executive Order 2020-60, establishing new guidelines for food-selling establishments and pharmaci...
Read MoreToday, Michigan Governor Gretchen Whitmer issued Executive Order 2020-59, extending and altering the Stay Home, Stay Safe guidelines until ...
Read MoreToday, Michigan Governor Gretchen Whitmer issued Executive Order 2020-59, extending and altering the Stay Home, Stay Safe guidelines until M...
Read MoreNominating petitions are due to be filed by candidates for public office by tomorrow—April 21, 2020. For many candidates, federal, state, ...
Read MoreToday, Michigan Governor Gretchen Whitmer issued Executive Order 2020-42, extending and enhancing Stay Home, Stay Safe guidelines until Apri...
Read MoreIt depends on the type of utility service. Presumably you are referencing unpaid water and sewer services. Under certain circumstances, a ...
Read MoreThe novel coronavirus (COVID-19) has changed the landscape for individuals and businesses. Townships are no different. Daily practices—whe...
Read MoreWhile the country copes with the evolving obstacles associated with COVID-19, small businesses should be advised of both federal and state p...
Read MoreIn response to the growing threat posed by COVID-19, federal, state, and local governments have been forced to take drastic measures in the ...
Read MoreAt 4:46 p.m. March 18, 2020, the Governor issued Executive Order 2020-15, addressing numerous concerns regarding public meetings held during...
Read MoreQ&A Video Clips Are township officials under the direct supervision of the Supervisor or are they under the direction of the entire Town...
Read MoreQ&A Video Clips Can the revenue from a special assessment be applied to delinquent property taxes? Attorney Chris Patterson answers this...
Read MoreQ&A Video Clips Can public expenditures be used to fund the Township’s holiday party? Attorney Kyle O’Meara answers this que...
Read MoreNot Likely. The Deputy Treasurer and a board or review member appear to be incompatible offices. The Incompatible Offices Act, 556 PA 1978, ...
Read MoreTownships operate according to their annual appropriations resolution, from spending public funds to providing public services. Many of thes...
Read MoreQ&A Video Clips Earmarked funds are sometimes diverted to other purposes instead of their intended use. Can the Township do anything to ...
Read MoreAttorneys Mark Burzych and John Forrest attended the 2020 IFA Conference in Orlando, Florida. Simply put, the IFA’s annual convention i...
Read MoreNo. The Open Meetings Act determines the necessary information for minutes. It provides the following required information: The public body ...
Read MoreThe siting of mining and extraction operations, such as gravel pits, can often be the source of great controversy. Although many residents v...
Read MoreA variety of private companies now submit these requests to townships throughout the state to, in-part, aggregate data to re-sell to their p...
Read MoreTownships should assess their policies and practices related to controlling Township cyberattacks and inadvertent disclosure of data. With t...
Read MoreQ&A Video Clips Who is allowed to speak with the township attorney? Attorney William Fahey answers this question at the 2019 MTA Confere...
Read MoreQ&A Video Clips At the MTA 2019 “We’re Glad You Asked That” Q&A segment, Attorney Kyle O’Meara answers the q...
Read More(Pictured left to right: Chad Karsten, Kendall O'Connor, Jacob Fox) Fahey Schultz Burzych Rhodes PLC would like to congratulate its ne...
Read MoreIt may be valid under current law, but for practical reasons should be carefully considered. The statute governing whether an individual can...
Read MoreThe Michigan State Tax Commission (“STC”) is authorized to provide advise to municipal assessors. Each year the STC provides guidance th...
Read MoreQ&A Video Clips At the MTA 2019 Conference, our attorney’s hosted our annual Question and Answer panel to address the questions yo...
Read MoreQ&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 ...
Read MoreNo. The Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, provides township the ability to completely prohibit ...
Read MorePublic roads present unique challenges to townships and not just for basic transportation. This E-letter will address the historical develop...
Read MoreQ&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...
Read MoreWe are excited to announce that we will be attending the Michigan Restaurant & Lodging Show on Tuesday, October 15th -Wednesday, Octobe...
Read MoreMaybe. MCL 339.2011 governs the construction of public works and imposes the requirement for certain projects to require a licensed engineer...
Read MoreWhere employees used to huddle around the breakroom watercooler, they now huddle around their smartphones. Recent studies report that 69% of...
Read MoreFahey Schultz Burzych Rhodes is an Allied Service Provider with the Michigan Townships Association and participates in many seminars, confer...
Read MoreQ&A Video Clips If a surviving spouse sells their home to buy another one in Michigan, will the unmarried spouse be allowed the veteran&...
Read MoreQ&A Video Clips What’s the legal spelling of marijuana in Michigan? If I’ve opted-in to commercial medical marijuana, can re...
Read MoreFahey Schultz Burzych Rhodes PLC is pleased to announce that eight of its lawyers have been named 2019 Michigan Super Lawyers and Michigan ...
Read MoreYes. 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...
Read MoreFurther exploring the topic of recent zoning and planning decisions discussed in our June 2019 E-Letter (available here), the Michigan Court...
Read MoreFahey Schultz Burzych Rhodes PLC is pleased to announce that 5 of its lawyers have been selected for inclusion in the 2020 Edition of...
Read MoreQ&A Video Clips Why are villages permitted to be agencies under Act 51? What other differences are there between township and village go...
Read MoreQ&A Video Clips What happens if my Township has not made a decision about allowing recreational marijuana? Attorney Matthew Kusch...
Read MoreYes, if the township has authorized commercial medical marihuana facilities. Section 205 of the Michigan Medical Marihuana Facilities Licens...
Read MoreIn 2018, Michigan voters approved the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”), which became effective December 6, 20...
Read MoreNo. There are no general posting requirements for vacancies created by the resignation of township elected officials under the Michigan Elec...
Read MoreIn the last year, the Michigan Court of Appeals has already issued multiple decisions that impact planning and zoning within townships. Thes...
Read MoreNo. The Michigan Planning Enabling Act, Act 33 of 2008, MCL 125.3801 et seq. allows municipalities to create planning commissions. Among oth...
Read MoreEffective 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...
Read MoreTownship officials are elected to township boards every four years. Townships are operated and governed by township boards, which are struct...
Read MoreGiven the current national debate, does federal law impact whether local government officials must coordinate with federal immigration offic...
Read MoreYou have asked whether a county commissioner from a charter township may also hold a seat on an ordinance writing committee for general law ...
Read MoreFor years, the State Tax Commission (STC) used a “14-point review” evaluation process to enforce statutes, administrative rules, and cou...
Read MoreMichigan’s Paid Medical Leave Act (the “PMLA”) establishes eligible employees’ rights to accrue and use paid leave for personal and ...
Read MoreNo. There is no statutory obligation for a township to adopt a millage to assist a county road commission in construction, maintenance, or i...
Read MoreMichigan’s Paid Medical Leave Act (the “PMLA”) establishes eligible employees’ rights to accrue and use paid leave for personal and ...
Read MoreThe Township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. When a project comes before both, ...
Read MoreThe Township has an individual that serves on the Planning Commission and on the Zoning Board of Appeals. When a project comes before both, ...
Read MoreAs 2018 came to a close, the Legislature rapidly passed a number of new laws, many of which impacted Michigan’s many townships. These la...
Read MoreElected officials must be residents of the township in which they are seeking office. MCL 168.342 provides that “[a] person is not eli...
Read MoreDuring the 2018 lame duck session, many bills were introduced, and some passed, attacking the authority of local government. Senate Bill 637...
Read MoreThe 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...
Read MoreInitiated Law 1 of 2018, the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) legalizes the cultivation, possession, and use ...
Read MoreThe Michigan Zoning Enabling Act, MCL § 125.302(1), allows a legislative body to provide for special land uses in a zoning ordinance. The t...
Read MoreThe Michigan Legislature adopted a proposed ballot measure, Michigan’s Earned Sick Time Act (the “Act”), as law on September 5, 2018. ...
Read MoreTownships requesting to levy taxes over the statutory authorized millage amounts must have the electors vote to approve such millage. This i...
Read MoreThe Open Meetings Act (“OMA”) allows townships to enter closed sessions based on exemptions provided in OMA. Recent Court of Appeals dec...
Read MoreTwo recent cases from the Michigan Court of Appeals dramatically undercut many municipalities’ use of zoning power to require permits or f...
Read MoreYes. 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...
Read MoreThe Michigan Zoning Enabling Act, MCL § 125.302(1), allows a legislative body to provide for special land uses in a zoning ordinance. The t...
Read MoreTownships have been increasing information accessibility by providing information online through websites and social media platforms, includ...
Read MoreAn 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...
Read MoreIn last month’s E-letter, we tacked the preparatory steps township bargaining teams should consider and undertake before collective bargai...
Read MoreNo. Township elected offices must be occupied by registered and qualified electors of the township in order to be eligible for that township...
Read MoreMunicipal employees are the first line of service to citizens. They put a “face” on local government. Managing employees—and their...
Read MoreMark J. Burzych has been named one of the top franchise lawyers in the country by the franchise industry leading publication, Franchise Time...
Read MoreTownships frequently contract with cities and villages for water and sewer service. In some cases, cities and villages demand township resid...
Read MoreUnder the Planning Enabling Act, the Township Supervisor appoints the members of the Planning Commission, subject to approval by the Townshi...
Read MoreThe State Tax Commission (“STC”), the agency responsible for ensuring substantial compliance with the requirements of the General Proper...
Read MoreIn an effort to preserve wetlands, restrictions and conditions have been placed on the use and development of wetland property in the form o...
Read MoreIn 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 ...
Read MoreNo. Township offices can only be occupied by registered electors. A person is not eligible for a township office unless the person is a regi...
Read MoreNo. On January 18, 2018, the Court of Appeals ruled that the Michigan Medical Marihuana Act (“MMMA”) preempts a local township from adop...
Read MoreSince the legislature adopted the Medical Marihuana Facilities Licensing Act (“MMFLA”) establishing commercial medical marihuana facilit...
Read MoreYes. The Bureau of Medical Marihuana Regulation (the “Department”) issued its emergency rules (“Rules”) that were promulgated under ...
Read MoreThe Michigan Tax Tribunal (“MTT”), Attorney General’s Office, and State Tax Commission (“STC”) released updates regarding property...
Read MoreNo. Townships are organized as a municipal body with the powers and immunities provided to them by law. Michigan Constitution, Article VII, ...
Read MoreLaws that apply to townships are changed frequently by the Legislature and the courts. This month’s E-letter focuses on decisions handed d...
Read MoreNo. The Michigan Zoning Enabling Act expressly recognizes nonconforming uses in MCL 125.3208(1): “If the use of a dwelling, building, or s...
Read MoreSince the legislature adopted the Medical Marihuana Facilities Licensing Act (“MMFLA”) establishing commercial medical marihuana facilit...
Read MoreOur 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...
Read MoreYou are experiencing the “new frontier” of difficult business issues that society will have to deal with in the coming years. What use...
Read MoreYou are experiencing the “new frontier” of difficult business issues that society will have to deal with in the coming years. What use...
Read MoreA Township Supervisor can appoint a Deputy Supervisor. The Deputy takes an oath of office and may be paid a salary or otherwise as determine...
Read MoreIn an effort to promote renewable energy within Michigan, the Legislature passed Public Act 342 in 2016. This Act amended Michigan’s Clean...
Read MoreFor 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...
Read MoreFor 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...
Read MoreContrary to popular belief, the First Amendment of the US Constitution does not give township residents the right to make remarks during a m...
Read MoreMany townships continue to struggle with ordinance enforcement. There are multiple reasons, including knowledge of the enforcement process, ...
Read MoreFive members of the firm have been selected for inclusion in the 2018 Edition of the national publication, The Best Lawyers in America. Th...
Read MoreOn June 7, 2017, the U.S. Secretary of Labor, Alexander Acosta, announced the withdrawal of the U.S. Department of Labor’s (“DOL”) Wag...
Read MoreNo. A recent amendment to the Motor Vehicle Code (MCL 257.676b) expressly permits charitable and civic organizations to solicit in the stree...
Read MoreLike any other employer, townships have a constant interest in maintaining an efficient operation. This relies heavily not only on fiscal ma...
Read MoreTownships revising their zoning ordinance often face the dilemma of creating nonconforming land uses. In common parlance, many use the term ...
Read MoreWe have often heard Township Officials state that they do not need an Employee Handbook or a Personnel Policy Manual because “We are a sma...
Read MoreThe 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...
Read MoreA “Financial Performance Representation” is a statement by the franchisor regarding how much a franchisee could make if the franchisee p...
Read MoreGenerally, 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...
Read MoreWhen regulating property, townships face difficult decisions. Although townships may wish to rely on their police power to enact and enforce...
Read MoreChristopher Patterson, an associate attorney with the firm, is recognized as one of the “Top 5” attorneys under the age of 35 in Ingham ...
Read MoreNo. State law mandates the proper care of township cemeteries (referred to as public cemeteries), but not private cemeteries within the town...
Read MoreThe Michigan Tax Tribunal (“MTT”) released updates regarding the 2016 calendar year and new procedures for 2017. In this E-Letter we dis...
Read MoreThis 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 MoreTownship clerks have authority over deputy clerks and township treasurers have authority over deputy treasurers. Under Michigan Township Law...
Read MoreIn November of last year, many new township board members joined the municipal community as supervisors, treasurers, clerks, and trustees. T...
Read MoreMost likely. There are often instances where a commercial development is owned by a single property owner who rents space to tenants on the ...
Read MoreNew uses are always impacting how a township applies or amends its regulations. Numerous townships have seen an emerging trend where histori...
Read MoreFirst, in late November, just in time for Thanksgiving, a Texas federal judge on Tuesday entered a nationwide injunction blocking the U.S. D...
Read MoreLike many aspects of township law, developments in technology and the prevalent use of email and cellphones has made compliance with the OMA...
Read MoreNo. Currently, no such law exists. Even FOIA requests that a township believes is being submitted for the purposes of harassment must be ans...
Read MoreGenerally, a township does not have the authority to limit the subjects that may be addressed during public comment. In certain narrow circu...
Read MoreLike many aspects of Township law, recent legal developments under the Freedom of Information Act (FOIA) have made it increasingly complex t...
Read MoreYes. In accordance with the General Property Tax Act (GPTA), “an owner of property who previously occupied that property as his or her pri...
Read MoreYes. 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 MoreAfter years of uncertainty about the voter-initiated Medical Marihuana Act, last month the legislature took a big step toward clarification ...
Read MoreFahey Schultz Burzych Rhodes PLC is offering a free township law workshop for newly-elected officials! In one afternoon, our township law a...
Read MoreYes. 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 MoreMany townships in Michigan struggle with cable franchise requests, either as new requests for franchises or renewals of current franchises. ...
Read MoreGenerally, no. There is no state law that prohibits family members from being officers of the township. Similarly, there is no state law tha...
Read MoreReturning with our second part on township law legal updates, we review decisions impacting township authority to regulate local concerns pr...
Read MoreYes, after several years of consideration, Congress has enacted the Defend Trade Secrets Act (“DTSA”). This is the first feder...
Read MoreLaws that apply to townships are changed frequently by the Legislature and the courts. This month’s E-letter focus on decisions handed dow...
Read MoreLikely Yes. This issue has not been directly presented to the Michigan Court of Appeals or Supreme Court. But in 2000, the Michigan Attorney...
Read MoreNo. The answer is based on prohibitions in the Michigan Zoning Enabling Act and the Michigan Planning Enabling Act regarding this situation....
Read MoreIn our March E-Letter, we recounted the serious setbacks that big box stores have been handing to taxing jurisdictions in the Michigan Tax T...
Read MoreHaving just completed the renewals for our franchise clients, we spent a lot of time talking with clients about the “joint employer” iss...
Read MoreNo. 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...
Read MoreTownships often use police power ordinances for the regulation of noise. But noise regulation presents unique problems in determining how to...
Read MoreThere are many employment issues and very few “one-size-fits-all” answers. But there certainly are a core set of employment concepts and...
Read MoreA 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...
Read MoreAt Fahey Schultz Burzych Rhodes PLC, we constantly challenge ourselves to think “outside the box” in order to achieve the goals of our c...
Read MoreAttorney Ross Bower of Fahey Schultz Burzych Rhodes PLC recently spoke at the Michigan Association of Municipal Attorneys’ 30th Annual Adv...
Read MoreThat is such a great question! Franchising is a model of system growth that uses independent businesses and independent capital to grow. ...
Read MoreThe township has jurisdiction over sidewalks within township boundaries, regardless of the existence of the unincorporated village. “A mun...
Read MoreThe term “official” can be used to represent at least two classes of individuals who serve a township: (1) elected officials and (2) oth...
Read MoreFor over five years, the Michigan Tax Tribunal (MTT) has been ruling against townships, sending the message that big box stores are not wort...
Read MoreA member of Okemos-based law firm, Fahey Schultz Burzych Rhodes PLC, has been selected as “Lawyer of the Year” by peers for inclusion in...
Read MoreWhether an election is partisan or non-partisan is a function of statutory law . The primary statutory source in Michigan for elections is t...
Read MoreMichigan’s drainage laws originated well before it achieved statehood, but are no historical artifact. Despite the long history of drainag...
Read MoreEarlier today, United States District Judge John Corbett O’Meara issued an order temporarily enjoining the State from enforcing § 57(3) o...
Read MoreThe Members of Fahey Schultz Burzych Rhodes PLC, a leading boutique mid-Michigan law firm, have elected Mark J. Burzych as President and Ros...
Read MoreNo. Although the Township Treasurer is required to sign all checks, concluding that the Treasurer must do so without proper supporting docum...
Read MoreA new tax year is upon us! Last December, the State Tax Commission (“STC”) released several new bulletins that provide guidance to asses...
Read MoreCome learn with Mark Burzych, our experienced business attorney, who will be speaking at the Craft Beverage Entrepreneur’s Workshop. The...
Read MoreNo. The Supervisor does not have this authority. MCL 125.3815(9) states that “the legislative body may remove a member of the planning com...
Read MoreIn the wake of the National Labor Relations Board’s (“NLRB”) focus on classifying franchisors to be the joint employer with its franch...
Read MoreIn 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 ...
Read MoreYes, and unfortunately, some of your worries concern the government’s oversight of your business. First, be aware that the Holiday Seaso...
Read MoreFirst, the township sets the qualifications for its fire chief. Certainly there are standards of certification of the individual as a fire...
Read MoreRecently the economy has seen an uptick and property values are restoring, as well as townships’ tax basis. Prior to this resurgence, ho...
Read MoreOn October 17, 2015, the Michigan Charter Boat Association presented Okemos attorney, Stephen Schultz, its annual award for service to the s...
Read MoreCollective bargaining for townships presents unique challenges that do not exist in the private sector. As the decision makers, township off...
Read MoreThe Michigan Open Meetings Act requires that all “deliberations” of a public body constituting a quorum of its members take pla...
Read MoreYes. On August 27, 2015, the NLRB issued a highly anticipated decision related to the application of its joint-employer standard (the “S...
Read MoreThe answer depends on the farming operation and the structure proposed. Many townships or counties are involved in issuance of a building pe...
Read MoreLaws that apply to townships are changed frequently by the Legislature and the courts. The courts hand down new interpretations that must be...
Read MoreIn light of the recent State of Michigan Attorney General Opinion No. 7285, many townships have asked whether a building official must be hi...
Read MoreAlthough personal property tax has seen significant revisions by the Legislature in the past two years, collection of personal property tax ...
Read MoreQuestion: Have there been any updates from the National Labor Relations Board on franchising issues? Answer: Yes. As you know, the NLRB an...
Read MoreFast Facts: Many professional athletes are investigating franchising as professional careers beyond sports. Franchise sales are transactio...
Read MoreIf you run a successful restaurant, have a snappy logo, possess high brand recognition, serve great food, train your staff to provide exemp...
Read MoreThat new liquor license may come with something you didn't expect: The previous owner's tax burden. According to published reports, ...
Read MoreFranchisors typically employ standard contract terms and conditions to establish the nature of their relationships with franchisees. Althoug...
Read MoreA bankruptcy proceeding occurs when an insolvent business (or individual) files a petition, which starts the bankruptcy proceeding. On the d...
Read MoreThis 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...
Read MoreNo. The website-related requirements under FOIA only apply if the township actually has an official internet presence. But, a township that ...
Read MoreTownships often use zoning ordinances and police power ordinances for the regulation of signs. But sign regulation presents unique problems ...
Read MoreThe franchise lawyers at Fahey Schultz Burzych Rhodes PLC would like to congratulate our client and friend, Bridgett Tubbs-Carlon, a recent ...
Read MoreQuestion: I have been using my business' name for 3 years. I think I want to “protect” my name. What should I do? Answer...
Read MoreGenerally, FOIA requires that a request of “public records” be in “writing.” A “writing”, as defined by FOIA, does not include a...
Read MoreAlthough wind turbines have been used for centuries, recent advancements in technology have made wind turbines a viable source of alternativ...
Read MoreBruce R. Maters has joined the Okemos, Michigan law firm, Fahey Schultz Burzych Rhodes PLC, focusing on public utility regulatory and energy...
Read MoreMichigan law imposes some clear standards and other less-defined standards of conduct for township officials. Violations of these standards ...
Read MoreThe confusion is understandable as the township board is often addressing resolutions and ordinances in the same meeting. For instance, the ...
Read MoreApplicants are not legally required to share this type of information with the employer before being hired. The township may not discriminat...
Read MoreRetiree healthcare benefits are a massive liability that place great stress on already-stressed municipal budgets. Unpredictable changes in ...
Read MoreJohn S. Brennan has joined the Okemos, Michigan law firm, Fahey Schultz Burzych Rhodes PLC as a litigation professional focusing on civil li...
Read MoreQuestion: I think I want to franchise my business, but I need some help. How would I select a franchise consultant and a franchise lawye...
Read MoreThe franchise lawyers at Fahey Schultz Burzych Rhodes PLC would like to congratulate our client and friend, Bridgett Tubbs-Carlon, for bein...
Read MoreIf a township adopts a new zoning ordinance or amends its current zoning ordinance, how does that create a nonconforming use? Legally existi...
Read MoreEffective township governance includes the responsibility of being an effective employer. This responsibility requires townships to face man...
Read MoreAny decision of the Tax Tribunal, Court of Appeals or Supreme Court adjusting values on a township’s tax roll will impact the township as ...
Read MorePrivate disputes can arise quickly and turn once-friendly neighbors into plaintiffs and defendants. In an effort to avoid being involved in ...
Read MoreCome meet our township attorneys as they discuss hot topics during the educational sessions for township officials at the MTA’s Annual Ed...
Read MoreQuestion: I understand that the National Labor Relations Board (“NLRB”) is taking some action against franchisors and franchisees, arg...
Read MoreThe 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...
Read MoreWith growth in the labor force and manufacturing industry, townships are seeing more interest in tax abatement opportunities. Tax abatements...
Read MoreAct 152 of 2011 expressly limits public employer payments of annual healthcare premium costs for its employees. The Act strictly limits the ...
Read MoreAs most township officials know, there are numerous requirements to consider in complying with the Open Meetings Act (OMA). Many of the comp...
Read MoreQuestion: 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...
Read MoreYes. Although the Attorney General ruled in 1977 that telephone conferences could not meet Open Meetings Act requirements, the Court of Appe...
Read MoreLast month we asked our readers whether their townships had Freedom of Information Act (FOIA) policies. Fifty-eight percent of the responses...
Read MoreThere are three general sources of funds for financing fire department operations: taxes, special assessments and fees. No single one of the...
Read MoreA 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...
Read MoreThe laws that apply to townships are unique and not well understood by ordinary citizens and even most lawyers. These laws are also constant...
Read MoreQuestion: 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...
Read MoreMost Michigan residents can probably agree that something needs to be done to improve our crumbling roads. But after much talk in Lansing, w...
Read MoreMichigan townships commonly adopt policies covering a wide range of subjects. Some are required, but others are just a good idea. For exampl...
Read MoreQuestion: Recently, I have been discussing with some prospects about franchising my brand. They want to know how much they can make oper...
Read MoreLast month, our E-Letter focused on some of the recent developments in property tax law. This month, our E-Letter addresses additional devel...
Read MoreIt is property tax time again! As Boards of Review close and assessment rolls are finalized, it’s time for another Property Tax Update. Th...
Read MoreQuestion: Are there any new developments in franchise sale regulation? Answer: There is something we are watching that will change the...
Read MoreMany townships have been following legal developments under the MMMA since its 2008 enactment. The Michigan Supreme Court just decided a cas...
Read MoreMichigan townships currently receive legal counsel from more than 250 attorneys and law firms around the state. Township attorneys and law f...
Read MoreQuestion: Will you please explain the annual updating process for my Franchise Disclosure Document? Answer: This is the time of the year ...
Read MoreLike many aspects of Township law, recent legal developments under the Open Meetings Act (OMA) and Freedom of Information Act (FOIA) have ...
Read MorePart 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...
Read MoreQuestion: With the holiday season approaching, what do I need to be concerned about with the sale of gift cards? Answer: According to th...
Read MoreThe challenges of zoning and land use regulation continue to change as the law develops. Some of the recent legal developments stem from new...
Read MoreMichigan enacted the Right to Farm Act more than 30 years ago to protect farmers from lawsuits by neighboring property owners. The law was a...
Read MoreQuestion: 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...
Read MoreMost Townships are familiar with the regulation of communications broadcast and cell towers and it is common for zoning ordinances to regula...
Read MoreThe laws that apply to townships are unique and not well understood by ordinary citizens and even most lawyers. These laws are also constant...
Read MoreFahey Schultz Burzych Rhodes PLC welcomes Michael J. Cole to the law firm to join the firm’s business practice, trained in franchising, in...
Read MoreThe Bath Charter Township Board has voted unanimously to hire the Okemos law firm of Fahey Schultz Burzych Rhodes to serve as the Township...
Read MoreQuestion: I want to franchise my restaurant, but only in Michigan. Can I do that? Answer: Yes, but you have to be very careful. As w...
Read MoreThere are a great number of Michigan and federal anti‐discrimination laws that affect townships in their role as employers. Of course, the...
Read MoreMichigan’s liquor licensing rules have changed significantly under the direction of a new Chairman of the Michigan Liquor Control Commissi...
Read MoreQuestion: The theme of this Restaurateur is “Restaurant Design.” Is my restaurant design protectable under the law? Answer: Genera...
Read MoreIt is property tax time again! Your board of review just finished mulling over property owners’ annual filings last month, commercial and ...
Read MoreThe National Association of College & University Foods Services has retained FSBR to serve as the Association's Legal Counsel. St...
Read MoreFahey Schultz Burzych Rhodes PLC welcomes Chris S. Patterson to the law firm to handle municipal and intellectual property matters. He bec...
Read MoreQuestion: I have some follow up questions to your column last edition. Is counting up my Full Time Equivalent (“FTE”) employees as ea...
Read MoreQuestion: I know you’re an expert in franchise law, but can you give me some advice on the new Affordable Care Act? Answer: Absolutely. ...
Read MoreQuestion: How do I incorporate training into my systems? Answer: Training is critical element of integrating a new franchisee into your sy...
Read MoreTownship Friends, The elections are finally over. Welcome to (or back to) the Township Board! Make sure you and your new township board co...
Read MoreQuestion: How should I assist my franchisees with the operations of the franchised location? Answer: Systemized Operations … the hallm...
Read MoreFour members of Fahey Schultz Burzych Rhodes PLC have been selected for inclusion in the 2013 edition of the national publication, The Best ...
Read MoreMark Burzych, founding partner of Fahey Schultz Burzych Rhodes PLC, has been named to the Michigan Restaurant Association Board of Directors...
Read MoreQuestion: How should I assist my franchisees with the site selection process? Answer: After the process of selecting the proper franchisee, ...
Read MoreQuestion: Once I sell a franchise, how can I assure that the franchisee will follow the system? Answer: A franchisee will want to foll...
Read MoreRecently, Steve Schultz addressed the Michigan Municipal Treasurers Association's annual Institute on the topic of Ethics in Local Gover...
Read MoreFahey Schultz Burzych Rhodes PLC proudly sponsors its fifth annual Lansing Economic Club Regionalism Forum on May 10, 2012, at the Kellogg C...
Read MoreOn May 24, 2012, Bill Fahey will speak to the American Public Works Association on Intergovernmental Collaboration, Cooperation and Consolid...
Read MoreRoss 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 ...
Read MoreThe Township Law E-Letter, published monthly by Fahey Schultz Burzych Rhodes PLC, recently celebrated two significant milestones. Edited b...
Read MoreBill Fahey is co-author of the upcoming Michigan Municipal Law treatise chapter on Conflict and Cooperation Between Local Governments. The...
Read MoreFSBR attorneys Ross Bower and Helen “Lizzie” Mills recently served as judges for the Mason High School Simulated Congressional H...
Read MoreOn March 20, 2012, Steve Schultz will address the “Master Academy” of the Michigan Associaion of Municipal Clerks at its confere...
Read MoreQuestion: 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: ...
Read MoreOn February 14, 2012, Mark Burzych will facilitate a “Business Roundtable” at the International Franchise Association's Annu...
Read MoreQuestion: If I want to franchise my concept, I understand that I need to have federally registered trademarks, my systems documented, and my...
Read MoreFSBR attorney Ross Bower recently spoke at the “Property Tax Appeals” Sterling Education Services seminar in Southfield, Michiga...
Read MoreFSBR lawyers Helen “Lizzie” Mills and Ross Bower recently served as judges for the Michigan Youth in Government competition at C...
Read MoreQuestion: I have been reading with interest the series in the Michigan Restaurateur on how to prepare a concept for franchising. I understan...
Read MoreFahey 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...
Read MoreMark J. Burzych, a founding partner of the Okemos-based law frim Fahey Schultz Burzych Rhodes PLC, has been selected to serve on the Office ...
Read MoreThree members of the Okemos-based law firm of Fahey Schultz Burzych Rhodes PLC, have been selected for inclusion in the 2012 edition of the ...
Read MoreBest Laywers, the oldest and most respected peer-review publication in the legal profession, has named Stephen O. Schultz as the Lansing-are...
Read MoreMark Burzych will present a seminar entitled “How to Design Your Brand For Franchise Success” to the Michigan Restaurant Associa...
Read MoreStrategic Partner Analysis Download the full analysis Governor Snyder is expected to sign a new law that will limit public employer...
Read MoreOn August 18, 2011, FSBR attorney Steve Schultz, together with well known municipal consultant, Lew Bender, Ph.D., will facilitate a full-da...
Read MoreSteve Schultz will be one of five speakers addressing the upcoming 2011 Fall Education Conference of the Michigan Association of Township Su...
Read MoreQuestion: I have been reading with interest the series in the Michigan Restaurateur on how to prepare a concept for franchising. I understan...
Read MoreQuestion: I have been reading with interest the series in the Michigan Restaurateur on how to prepare a concept for franchising. I understan...
Read MoreQuestion: I have been reading with interest the series in the Michigan Restaurateur on how to prepare a concept for franchising. What else s...
Read MoreRoss Bower, who serves as President of the Young Lawyers Section of the Ingham County Bar Association, recently organized a Young Lawyer Tra...
Read MoreRecently, Steve Schultz was a featured speaker at the Michigan Association of Municipal Clerk's Basic Institute at the Comfort Inn in Mt...
Read MoreFSBR attorney Ross Bower, President of the Ingham County Bar Association's Young Lawyers Section (YLS), led YLS in numerous community se...
Read MoreFSBR attorneys Bill Fahey, Steve Schultz and Stacy Hissong are slated to present educational sessions at the Michigan Townships Association&...
Read MoreRecently, FSBR attorney Ross Bower gave a presentation about the Freedom of Information Act (FOIA) to members of the Northwest District of t...
Read MoreOKEMOS AV-Rated Law Firm has an immediate opening for an Associate Attorney with 2-5 years experience to join a growing law practice. Positi...
Read MorePlease join us at the Michigan Restaurant Show on October 19 and 20, 2010 at the Rock Financial Showplace in Novi, Michigan. Show Floor hour...
Read MoreRhonda Mask, a Paralegal with the firm, has been named “Legal Professional of the Year” by the Lansing-area Chapter of the National Asso...
Read MoreBill Fahey will be giving Protecting Your Township Boundaries workshops for the MTA in April. Learn about city and village annexation techni...
Read MoreContinuing the firm’s commitment to community service, attorney Ross Bower recently offered free consultations to Lansing-area residents a...
Read MoreFahey Schultz Burzych Rhodes is pleased to report that it now serves as legal counsel to Two Men and A Truck®/International. The firm will ...
Read MoreMatthew 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...
Read MoreBill 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...
Read MoreFSBR attorney Ross Bower has been selected to serve as the President of the Young Lawyers Section of the Ingham County Bar Association for t...
Read MoreFahey Schultz Burzych Rhodes PLC welcomes Stacy L. Hissong to its Local Government Group. Ms. Hissong brings her recognized expertise in the...
Read MoreThe Michigan Township Association’s Annual Conference in January, 2010 will feature four presentations by Bill Fahey and Steve Schultz. St...
Read MoreMark Burzych continues to be a featured author for the Michigan Restaurant Association’s bi-monthly magazine “Restaurateur”. The artic...
Read MoreRoss Bower participated in the Michigan State Police Traffic Safety Division’s Evidential Breath Test Training in Ann Arbor. He was the on...
Read MoreFahey Schultz Burzych Rhodes PLC is again sponsoring the Lansing Economic Club’s Regionalism Forum for 2010. This encore of last year’s ...
Read MoreMark 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...
Read MoreThe Michigan Public Service Institute annually brings together more than 100 Public Works Directors and other management staff from all over...
Read MoreMark Burzych and Matthew Drake lead Fahey Schultz Burzych Rhodes PLC’s Trademark Practice Group, which specializes in trademark registrati...
Read MoreAt 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.