blog, articles & publications

2019 Best Law Firm Honors

Bloom Sluggett, P.C. is pleased to announce that we have been selected as a "2019 Best Law Firm" by U.S. News & World Report and Best Lawyers. This is the fourth time that our firm has been recognized.

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Jeff Sluggett Named 2019 Lawyer of the Year

Jeff Sluggett has been named the 2019 "Lawyer of the Year" by Best Lawyers® for his work in the field of municipal law. In addition, Sluggett was selected by his peers for inclusion in The Best Lawyers in America© 2019 for the Grand Rapids metro area.  Read More

Cliff Bloom’s Water / Riparian Law Articles

Cliff Bloom is general legal counsel for the Michigan Lake & Stream Associations, Inc. and the Michigan Riparian Magazine.  Cliff authors a regular column for the Michigan Riparian Magazine and many of those columns can be read on our firm’s website at www.bloomsluggett.com.  In addition, many of his articles regarding water law and riparian issues can also be accessed at the Michigan Riparian Magazine website at www.mi-riparian.org  Read More

Email Warning/Disclosure Regarding the Michigan Open Meetings Act

Most municipal officials in Michigan know that under the OMA, members of a public body (such as a city commission, village council, township board, zoning board of appeals, board of review or planning commission) cannot deliberate toward any decision outside of a public meeting if a quorum is involved in those discussions or deliberations.  Furthermore, the Michigan courts have gone so far as to hold that even “one-on-one” deliberations between two members of a public body can constitute a prohibited deliberation (and a violation of OMA) where a “round robin” occurs.    Read More

Michigan Department of Treasury Proposed Assessing Reform

The Michigan Department of Treasury released on May 3rd an “assessing reform proposal” that is intended to be introduced in the Legislature prior to its summer break. The stated goal of the proposed legislation is to improve the assessment profession through quality control. As drafted, the proposed bill could force many small assessing districts to “consolidate” their assessing departments, either with other assessing districts or under the county’s umbrella.

For an assessing district that does not use county assessing services, the State Tax Commission (“STC”) would mandate “substantial compliance” with various “quality standards,” including requiring the assessor of record to have attained either MMAO(4) or MAAO(3) level certification, to be responsible for assessing a certain minimum number of parcels and generated tax revenue (with some exceptions), and to provide full time service to an assessing district as an employee or contractor (with some exceptions).
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Recodified Tax Increment Financing Act

The Michigan legislature recently enacted Public Act 57 of 2018, otherwise known as the “Recodified Tax Increment Financing Act” (the “RTIFA”), which serves to streamline Michigan’s statutory tax increment financing scheme.  Read More

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

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