blog, articles & publications

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In a recent unpublished opinion, the Court of Appeals addressed the specificity with which local units of government should tailor zoning decisions to avoid constitutional violations.  In City of Holland v MCBR Properties, LLC, unpublished opinion per curiam of the Court of Appeals, issued January 11, 2018 (Docket No. 336057), the City’s Zoning Ordinance prohibited residential properties within a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

Freedom of Information Act Update

A recent Michigan Attorney General Opinion (No. 7300) sheds light on the current obligations of a public body under Michigan’s Freedom of Information Act (“FOIA”).  Read More

Rental Inspections

P.A. 169 of 2017 was approved by Governor Snyder in late November and takes effect on February 19, 2018.  P.A. 169 is an attempt to clarify existing law regarding the inspection of multiple dwellings and rooming houses. Under the Michigan Housing Law (the “Housing Law”) a “multiple dwelling” is a dwelling used as a private dwelling occupied other than by a single family or two families sharing the dwelling; a “rooming house” generally means a dwelling occupied by one or two families but which also has rooms leased to non-family members.  Read More

Legislative Alert - Two Notable Bills Headed to Governor's Desk

Two pieces of legislation are headed to the desk of the Governor and, if signed, could impact Michigan’s municipalities.  Read More

Freedom of Information Act Deadline - July 1, 2015

PA 563 of 2014 ("PA 563") amended the Michigan Freedom of Information Act ("FOIA") effective July 1, 2015.  PA 563 amends FOIA in several major respects including the manner in which fees and costs may be charged for responding to FOIA requests.  Pursuant to PA 563, all municipalities in Michigan must have in effect by July 1, 2015 new written procedures and guidelines to implement the amended FOIA.  If a municipality does not comply with these new requirements by July 1, 2015, that municipality will still be required to process and respond to FOIA requests but will not be permitted to charge fees and costs for those responses unless and until the municipality comes into compliance.  If your municipality needs assistance with establishing and implementing the new procedures and guidelines required by PA 563, please contact Bloom Sluggett Morgan, PC.  Read More

Public Meeting Invocation Decision:

Recently, in Town of Greece, New York v Galloway, the United States Supreme Court considered whether a prayer given before monthly town board meetings violated the Establishment Clause.  Since 1999 the town of Greece began inviting local clergy to deliver an invocation before the town board meeting.  The local clergy, all of who were unpaid volunteers, were selected from a local directory of congregations and were free to determine the content of their invocations.  While the town maintained that any minster or layperson was welcome to give the invocation; from 1999-2007, all the participating minsters were Christian.  Read More

Urban Farming: Better Direction

The degree to which a local government can regulate or restrict urban farming has, until recently, been unclear. However, in April the Michigan Commission of Agriculture and Rural Development approved the 2014 Site Selection Generally Accepted Agriculture Management Practices (“GAAMPs”) under the Michigan Right to Farm Act, which provide better direction for local units of government.  Read More

LEGISLATIVE ALERT - ORV Regulation - Public Roads

The Legislature has enacted several laws that affect the regulation of Off-Road Vehicles (ORVs) on public roads.  Public Acts 117-119 of 2013 amended various sections of the Natural Resources and Environmental Protection Act (NREPA) to expand the areas where ORVs may be allowed on county roads and state highways from certain northern counties to the entire state.  As a result, the authority to permit ORVs on public roadways has now been extended to all “southern counties” which are defined as Muskegon, Kent, Ionia, Clinton, Shiawassee, Genesee, Lapeer, or Macomb counties and any other county lying south of those counties.  Public Acts 117-119 address the authority of all counties, cities, villages, and townships throughout Michigan to permit the operation of ORVs on public roadways and to close county roads to ORVs when otherwise permitted by county or local ordinance.     Read More