A recent Michigan Court of Appeals decision issued on�March 18, 2021 held that “persons have a reasonable expectation of privacy in their property against drone surveillance.”

Prior to the pandemic, the Open Meetings Act (“OMA”) had been interpreted by the Courts and Attorney General to allow remote electronic participation by members of the public body, as long as those members could hear and be heard at the meeting.

The American Rescue Plan Act of 2021 (“ARP”) allocated significant funding to local units of government.

As a result of the voters’ approval of the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) in 2018 (commonly known as the recreational marijuana law), the marijuana business is booming in Michigan.

2020 was a rough year for many local businesses, and municipal governments may be looking for ways to make 2021 a bit more enjoyable and prosperous for their constituents.

There have been two new developments in the last week affecting the ability of local governments to continue meeting virtually into 2021.

Beginning on February 12, 2021, civil infraction and misdemeanor citation forms issued by municipalities will be required to contain certain language that was not previously included on standard citation forms.

Last month, the Michigan Supreme Court ruled that the Governor lacks authority to extend states of emergency in relation to the COVID-19 pandemic.

During the last week of September, and over the strong opposition of MTA and others, SB 431, a bill to eliminate oversight from local governments over mining operations in their communities, was referred favorably out of the Committee on Transportation and Infrastructure to the Senate as a whole.

The Michigan Department of Health and Human Services (MDHHS) issued a new emergency order to combat the spread of Coronavirus (the “Emergency Order”).

On October 16, 2020, Governor Gretchen Whitmer signed Senate Bill 1108 into law as part of a COVID-19 response plan approved by the Legislature this week following the Michigan Supreme Court’s recent ruling striking down the Governor’s Coronavirus-related executive orders. SB 1108 amends the Open Meetings Act (“OMA”) to permit and establish procedures for a public body to hold meetings electronically.

On Friday evening, the Michigan Supreme Court issued an opinion in In Re Certified Question from the U.S. District Court, Western District of Michigan, holding that executive orders issued by Governor Whitmer after April 30, 2020 for purposes of addressing the COVID-19 pandemic were issued without valid legal authority.

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.