News & Info

As Michigan continues to reopen its economy, Executive Order 2020-114 (the “Order”) was issued to update safeguards to protect workers across the State.

The Paycheck Protection Program, a lending program created by the CARES Act for purposes of providing borrowers relief from the financial impacts of COVID-19, requires each borrower to make a good-faith certification that the uncertainty of current economic conditions makes the loan request necessary to support the ongoing operations of the borrower.

As a result of the pandemic, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency, have issued a number of statements encouraging banks to offer payment accommodations to Borrowers under existing loans, such as allowing borrowers to defer or skip payments or extend the payment due date. As a consequence, your lender may be more agreeable than you might otherwise expect towards deferring monthly installment payments on an existing loan.

On April 13, 2020, Governor Whitmer issued Executive Order 2020-46 which authorizes licensees holding a Class C, B-Hotel, G-1, Club, Continuing Care Retirement Center, Aircraft, Watercraft and Train license (collectively, “Licensees”) to request the Michigan Liquor Control Commission (the “MLCC”) to purchase all or part of the Licensee’s unopened liquor inventory (not beer and wine) which the Licensee purchased from an authorized distributor before March 16, 2020.

On March 23, 2020, Governor Whitmer issued Executive Order 2020-21, ordering all people in Michigan to stay home and stay safe. The Order limited gatherings and travel, and prohibited employees who were not deemed “critical infrastructure workers” or workers necessary to conduct “minimum basic operations” from leaving home to work.

On April 9, 2020, Governor Whitmer extended her “Stay Home, Stay Safe” mandate through April 30, 2020.

Among the most discussed relief created by the CARES Act is the Paycheck Protection Program (“PPP”) which makes funds available for businesses with less than 500 employees and certain other qualifying businesses.

On March 23, Michigan Governor Gretchen Whitmer issued Executive Order 2020-21, also referred to as the “Stay Home, Stay Safe” order (the “Order”). The basic effect of the Order is to suspend all activities within the State of Michigan that are not necessary to sustain or protect life, in effect, ordering all individuals in Michigan to stay at home.

On April 1, 2020, the Department of Labor issued temporary rules addressing implementation of the Families First Coronavirus Response Act (FFCRA).

Thursday evening the SBA issued an interim final rule implementing sections of the CARES Act, which create the Payroll Protection Program (“PPP”), a program designed to provide relief for small businesses by means of making loan forgiveness available for eligible borrowers who spend the funds on payroll, and qualifying rent, mortgage interest and utility expenses.

What is Riparian Land? The body of Michigan law governing riparian property rights applies, self-evidently, only to riparian land. Therefore, the threshold question is, what constitutes riparian land? Under Michigan law, “riparian land” is defined as a parcel of land which is bounded by, or includes therein, a natural watercourse.

At the November 2018 election, the Michigan voters approved Proposal 3, which had the effect of creating a constitutional right to vote by absentee ballot, without providing a reason. As a result of the broad language appearing in this constitutional amendment, there has been a degree confusion about how to implement some of the finer details of no-reason absentee voting. Some of these issues were resolved by the Michigan Court of Appeals in the recent case of League of Women Voters of Michigan v Secretary of State, which was published on July 14, 2020.

Zoning Boards of Appeals (“ZBAs”) interpret zoning ordinances and maps, hear appeals of administrative orders and decisions, and consider variances from strict application of a zoning ordinance. In January and February of 2020, three unpublished Michigan Court of Appeals opinions were issued which offer guidance to ZBA members as they undertake their statutory duties.

On May 28, 2020, the Michigan Tax Tribunal issued a long-awaited decision in the Menard v City of Escanaba case impacting property tax valuations for big box stores.

Last year, the Michigan Court of Appeals decided Reaume v Township of Spring Lake, a case concerning the application of the Township’s zoning ordinance to short-term rentals (“STRs”).� A key issue in the case was the interpretation of the definition of a “single family dwelling,” which in turn incorporated the definition of the term “family.”

On April 5, 2020, Governor Whitmer issued Executive Order 2020–38, extending deadlines for responses to Freedom of Information Act (“FOIA”) requests. The principal effects of EO 2020-38 were (a) to increase the time for the initial response to a FOIA request from five business days to 10 business days, and (b) to allow FOIA coordinators to extend the time for response by written notice for as long as “the public body deems necessary,” up to June 4, 2020.

On April 27, 2020, the Michigan Supreme Court issued its unanimous opinion in DeRuiter v Twp of Byron, holding that registered medical marijuana caregivers, operating under the Michigan Medical Marijuana Act (“MMMA”), are subject to municipal zoning ordinance provisions that regulate the location of such operations.

On April 20, 2020, a United States District Judge from the Eastern District of Michigan issued an Order (the “Order”) extending ballot petition filing deadlines and changing the rules regarding signatures for some candidates in Michigan.

Late yesterday, Governor Gretchen Whitmer issued Executive Order No. 2020-48 (the “Order”) clarifying and extending the relief from the requirements of the Open Meetings Act (“OMA”), MCL 15.261 et seq., previously provided by Executive Order 2020-15 back on March 18, 2020.

On April 9, 2020, Governor Whitmer extended her “Stay Home, Stay Safe” mandate through April 30, 2020.

In 1994, Michigan’s voters approved “Proposal A.” A key feature of Proposal A limited annual increases in property tax assessments to the lesser of 5%, or the rate of inflation, until a property is transferred. The calculated tax assessment is called the “taxable value.” The local assessor still keeps track of the “state equalized value,” (“SEV”) which is theoretically one-half of the property’s market value. When the property is transferred, the taxable value is automatically increased to the SEV– usually referred to as “uncapping.”

Michigan is finally administering a procedure for “Medicaid recovery” of financial support paid under the Medicaid system. Medicaid is a needs-based program to provide long-term nursing care (among other purposes). To qualify for Medicaid, a single person must have $2,000 or less of “countable” assets. Among the few assets which are not “countable” is the person’s homestead with up to $500,000 in equity (adjusted for inflation). In addition, term life insurance policies without a cash value are not countable assets.

The use of “Lady Bird Deeds” has become common in Michigan is a way to pass property upon death. The name comes from the mechanism that President Lyndon Johnson used to pass property to his wife, “Lady Bird” Johnson on his death. Some lawyers call these “enhanced life estate” deeds.

The firm has supplied articles and alerts regarding COVID-19 since March 20, 2020, when the federal and state governments began to release orders and plans to deal with the many issues brought on by the COVID-19 epidemic.

In today’s world it is not if you have a breach, but when you have a breach.

Jennifer Puplava participated in a second podcast with Jim Carpp, Mark Spaak and Jessica Dore of Rehmann.

Jennifer Puplava recently participated in a series of podcasts with Jim Carpp, Mark Spaak and Jessica Dore of Rehmann discussing the many technological issues that have come up with companies having to send workers home to work remotely due to the COVID-19 pandemic.

On May 20, 2020, Jim Scales and Mike Huff participated in the Michigan Municipal League’s webinar regarding changes with the re-opening of Northern Michigan.

Regina Gilmour and Mike Huff discuss what's new in the recent order extending Michigan Stay Home, Stay Safe order.

Mike Huff and Curtis Underwood created a webcast to explain many of the business-related legal changes that were brought on as a result of COVID-19.

Liz Bransdorfer’s article “Domicile and No-Fault Reform” was published in the April 2020 edition of Michigan Family Law Journal.

Mike Huff and Jennifer Puplava participated in a webcast to explain relief options for small businesses during the COVID-19 crisis.

On April 10, 2020, Michigan Lawyers Weekly published the article Liz Bransdorfer prepared regarding payments pursuant to the CARES Act.