The 2022 Michigan Townships Association Educational Conference will be held at the Lansing Center from April 25 through April 28. The Conference features educational programs and workshops for township officials, appointed personnel, and township employees. Our firm will host its annual hospitality reception at the Radisson Lansing Hotel at the Capitol, 111 North Grand Avenue, Lansing in the Capitol III Room on Tuesday, April 26 from 4:00 to 8:00 p.m. The Capitol 111 Room is located just past the skywalk to the Lansing Center. If you will be attending the Conference, we invite you to visit us at our hospitality reception for snacks and refreshments. We look forward to seeing you.

Determining what entities are subject to municipal utility charges is not always a straightforward analysis. Recently, the Michigan Court of Appeals reiterated that, under the Revenue Bond Act (“RBA”), municipalities are prohibited from providing free services to public corporations. The RBA defines public corporations to include counties, cities, and other entities that exist for the benefit of the public and are devoted to a public purpose. This definition includes authorities created pursuant to the Land Bank Fast Track Act.

The United States Treasury Department’s final rule implementing the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program takes effect on April 1, 2022. The SLFRF program was established under the American Rescue Plan Act of 2021 to provide state, local, and tribal governments with resources to respond to the pandemic and its economic effects. The final rule governs the eligible and ineligible use of SLFRF funds, so it is important that government entities receiving SLFRF funds ensure that any expenditure of the funds complies with the final rule.

In early January, many townships across the state received a Notice of Eligibility to Incorporate as a Charter Township from the Michigan Secretary of State.

The Michigan Court of Appeals issued an opinion in the case of Blackwell v City of Livonia upholding a denial of a Freedom of Information Act (“FOIA”) request for messages sent to the Facebook profile of “Livonia Mayor Maureen Miller Brosnan.” The question at issue in the case was whether the messages are “public records” as defined in the FOIA statute. The Court considered several factors to reach its determination that the messages do not constitute “public records” subject to disclosure under FOIA.

In the early morning hours of Wednesday, October 27, 2021, the Michigan House of Representatives passed House Bill 4722 (“HB 4722”), which significantly limits how local governments may regulate short-term rentals.

On September 30, 2021, the Michigan Court of Appeals issued a decision that clarifies the scope of the state constitution’s voter-approval requirement for local governments to levy a new tax or increase the rate of an existing tax if such tax or increased rate was not already authorized by law at the time the Headlee Amendment, which added the requirement, was ratified.

On October 13 the United States Court of Appeals for the 6th Circuit issued an opinion finding that Canton Charter Township’s Tree Ordinance, which required landowners to obtain a permit before removing a tree and required mitigation as a condition of receiving a tree removal permit, was unconstitutional.

The Michigan Court of Appeals recently issued its published decision in Spaulding v Swiacki (July 2021), which posted a warning sign to public officials who might consider proceeding with a public meeting, while knowing in advance that the meeting was not properly posted on the public body’s website, in accordance with the requirements of the Open Meetings Act (“OMA”). The Court’s warning sign states, in effect, that such action could result in a public official being held personally liable for statutory damages, court costs and attorney fees, even if the meeting was otherwise conducted in substantial compliance with OMA’s notice requirements.

The United States Supreme Court recently considered the subject of governmental takings in the case of Cedar Point Nursery v Hassid, which involved a state regulation granting union organizers access to agricultural employers’ land.

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.

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.