Local Government Law Articles
On February 29, 2008, the Governor signed into law Public Act 12 of 2008, which amends the Michigan Zoning Enabling Act.
Certain Transfers Between Joint Tenants are Exempt from Uncapping of Taxable Value. The Value of Public Service Improvements Cannot Serve as the Basis for Increasing the Taxable Value of Residential Property Until a Home is Built or Sold on the Property.
Public Act 2 of 2008 amends Part 31 (Water Resources Protection) of the Natural Resources and Environmental Protection Act, so as to exempt municipalities that do not own or operate a separate storm sewer system from the storm water discharge permit and fee requirements of Part 31.
In lawsuits brought by billboard owners and/or advertisers, municipalities are often faced with the argument that their billboard ordinances are allegedly preempted by the Michigan Highway Advertising Act ("MHAA"), MCL 252.301, et seq. In these lawsuits, billboard owners and/or advertisers commonly take the position that the MHAA preempts any municipal ordinance that imposes billboard regulations that are more restrictive than those prescribed by the MHAA. Some federal courts within Michigan and various trial courts have rejected that position, holding that the MHAA establishes only minimum standards for billboards, but that municipalities are free to adopt more stringent requirements. Other trial courts, however, have taken a contrary position, giving broad preemptive effect to the MHAA.
On November 21, 2007, the Michigan Supreme Court ruled that the recently enacted law changing the date of the presidential primary and February regular election to January 15, 2008 is constitutional and will stand as adopted.
The Michigan Townships Association 55th Annual Educational Conference will be held at the Marriott Renaissance Center in Detroit from January 8 through 11, 2008. The Conference features educational programs and workshops for township officials, appointed personnel and township employees.
Clerks Not Authorized to Mail Unsolicited Applications for Absent Voter Ballots Court Of Appeals Upholds Exemption From Police Officer And Fire Fighter Pension Millage For Real And Personal Property Located In A Renaissance Zone.
Public Act 52 of 2007, signed into law on September 5, 2007, amends the Michigan Election Law so as to enable Michigan to conduct a presidential primary election on January 15, 2008. The Act also reschedules the February regular election to coincide with the presidential primary, among other amendments. A summary of the provisions of the amending Act that affect the rights and obligations of local municipalities is provided below.
Public Employer Residency Requirements Must be Measured in "Radial Miles," Not "Road Miles." A Circuit Court Ruling on an Appeal of a Zoning Board of Appeals' Decision May be Appealed to the Court of Appeals Only by Leave, Not by Right. Clarification of FOIA Exemption for Frank Communications Between Public Officials.
Act 61 Provides Mechanism for Development of Residential Districts in Cities and Villages Drain Code Amended.
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