blog, articles & publications

Bloom Sluggett, PC Turns Six Years Old

On April 12, 2018, our firm will celebrate its six-year anniversary.  We very much appreciate the support and loyalty of our clients.  Our attorneys look forward to many future years of representing existing and future clients.  Read More

Open Meetings Act Violations and Later “Ratification”

The Michigan Court of Appeals recently reiterated that a public body has the authority to approve prior decisions of that public body which are void because of a violation under Michigan’s Open Meetings Act (the “OMA”).  In Lockwood v Township of Ellington (decided on March 13, 2018), the township failed to provide proper public notice of a rescheduled township board meeting at which two citizens were appointed to the township’s planning commission.  At a later (properly held and noticed) township board meeting, two other citizens were appointed to the planning commission instead.  The initial planning commission appointees subsequently filed a lawsuit against the township.  In upholding the township board’s later appointments, the Court of Appeals noted that an action taken at a meeting held in violation of the OMA has no force or effect; however, a public body may later “ratify” decisions that were made at that previous defective meeting.  In this case, the township board failed to later “ratify” the initial planning commission appointments, instead opting to appoint two different citizens at a later township board meeting.  Accordingly, the later appointments were found to be valid because, without “ratification,” the earlier appointments were void.  Read More

Constitutional Due Process and Equal Protection Challenges To Zoning Decisions

In a recent unpublished opinion, the Court of Appeals addressed the specificity with which local units of government should tailor zoning decisions to avoid constitutional violations.  In City of Holland v MCBR Properties, LLC, unpublished opinion per curiam of the Court of Appeals, issued January 11, 2018 (Docket No. 336057), the City’s Zoning Ordinance prohibited residential properties within a specific zoning district adjacent to Hope College from allowing more than six vehicles to be parked on a single property; this came to be known as the “six vehicle rule.”  Owners of affected properties challenged the six vehicle rule on constitutional substantive due process and equal protection grounds.  Read More

Seasonal Homes and the Michigan Principal Residence Exemption

The Michigan Court of Appeals recently ruled in favor of a municipality which denied a property owner’s petition for a “principal residence exemption” (“PRE”).  Under Michigan’s PRE, also known as the “homestead exemption,” a principal residence property can be exempted from the property tax levied by a local school district for school operating purposes.  To apply the PRE, a person must be a Michigan resident who owns and occupies the property as a principal residence.  Michigan statute defines “principal residence” as “the 1 place where an owner of the property has his or her true, fixed, and permanent home to which, whenever absent, he or she intends to return and that shall continue as a principal residence until another principal residence is established.”  Read More

Medical Marihuana Outdoor Cultivation

The Michigan Court of Appeals recently held that local zoning restrictions on outdoor medical marihuana cultivation are preempted by the Michigan Medical Marihuana Act (“MMMA”). In Charter Township of York v Miller, homeowners who were also MMMA patients constructed a backyard structure to be used for medical marihuana cultivation. The Township’s Zoning Ordinance expressly provided that, while residential property could be used by a medical marihuana cardholder for growing marihuana, the medical marihuana was required to be contained “within the main building” in an enclosed, locked facility.  This zoning restriction was consistent with the MMMA’s original cultivation restrictions; however, a 2012 amendment to the MMMA expanded the permissible cultivation locations to expressly include outdoor space. However, the Township argued that its broad zoning authority under the Michigan Zoning Enabling Act (“MZEA”) authorized it to prohibit entirely outdoor medical marihuana cultivation.  Read More