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A recent Michigan Court of Appeals decision issued on May 13, 2021 held that documents otherwise discoverable under the Freedom of Information Act (“FOIA”) are not generally rendered exempt merely because they provide the basis for a closed meeting under the Open Meetings Act (“OMA”) or are included in the official record of the same. Accordingly, the Appeals Court decision establishes that, although the minutes and transcripts of a closed session are exempt from disclosure, various documents that may be relevant to or relied upon in the same are not necessarily exempt. As a result of this ruling, it is important to remember that absent a specific exemption under FOIA, files are ultimately disclosable.

Over the past several years, the popularity of short-term rentals has exploded, due in no small part to apps and websites such as AirBNB and VRBO, which provide a relatively effortless way for people to book short-term rentals. The quick increase in short-term rental units and the influx of their guests has presented unique challenges for municipalities to balance the interests of residents who wish to preserve the residential character of their neighborhoods on one hand, and the interests of local businesses that benefit from economic activity brought from out-of-town visitors on the other. As short-term rentals have become more and more prevalent, municipalities across Michigan have been crafting, debating, and revising their own policies to address the relevant issues on the local level. Many municipalities have amended their zoning ordinances to regulate short-term rentals in various ways, such as by prohibiting short-term rentals in certain residential districts, restricting the density or maximum number of short-term rentals that may operate in a given area, or requiring short-term rental owners to obtain special land use permits. However, two bills currently pending in the state legislature could nullify those regulations and require municipalities to treat short-term rentals no differently from other residential dwellings in the same zone.

Earlier today, Governor Whitmer announced that the Michigan Occupational Safety and Health Administration (“MIOSHA”) was scaling back its COVID-19 workplace rules for employers in non-healthcare settings. MIOSHA then issued revised Emergency Rules which formally supersede the Emergency Rules it previously issued on May 24, 2021.