The Dingeman & Dancer Blog consists of articles, news, and press releases written and edited by the attorneys and legal professionals at our firm, providing updates on both recent legal developments and established advice and guidance. Choose from the various topics listed in the sidebar menu to narrow in on a particular focus.
Municipal Zoning Laws Unlawfully Restrict Medical Marijuana Use
Author: Dane Carey On July 17, 2018, the Michigan Court of Appeals issued a major medical marijuana decision in DeRuiter v Township of Byron, holding that Michigan municipalities cannot restrict the location of lawful activities—such as the growing or providing of medical marijuana—under the 2008 voter initiated Michigan Medical Marihuana Act (“MMMA”) to residential areas only….
Recent Decision Upholds Homestead Exemption for Short-Term Rentals
Author: Dane Carey In Rentschler v Township of Melrose, No. 33633, the Michigan Court of Appeals ruled in favor of a homeowner who claimed he was entitled to a homestead exemption on property that he rented for more than 14 days in a year. Michigan’s Principal Residence Exemption (PRE), also referred to as the “homestead” exemption, exempts…
In the Shadow of Proposal 3: Knowing Your Property Rights
Author: George E. Powell Election season is upon us, and consequently, the heavily debated Proposal 3 will finally be up for vote. Unless you have missed the litany of yard-signage and continuous local media coverage, you would surely know that there is a contentious battle being waged over an amendment to Traverse City’s Charter. The amendment…
Can You Cut Down Your Neighbor’s Trees?
We often get questions from clients who either want to cut down trees that are on the border of their property line with their neighbor or who at least want to remove several branches that are encroaching on their property from a tree on their neighbor’s property. So, you might ask, what’s the answer? This…
Woodland Regulation: Tree Removal
Author: Daniel J. Dingeman The ability to remove trees in connection with land development is limited by various types of woodlands regulation. In the development context, this regulation focuses on not only on the restrictions on tree removal, but also on controlling soil erosion and sedimentation. The latter focus, which will not be discussed in any…
Corporate Relief Under Michigan’s Natural Resources and Environmental Protection Act
Author: George E. Powell The snow has (finally) melted. Northern Michigan residents can now dig through closets for their sandals, beach towels and swim trunks. Seasonal changes bring more than wardrobe changes, however—the warm months escort in droves of construction and land development projects. Such projects are not always as clean and tidy as they appear from…
Serious Consequences for Impacting a Wetland
Author: W. Dane Carey Property owners and construction clients often come to us for advice after already starting a building or development project because the Michigan Department of Environmental Quality (MDEQ) has informed them that their activities have impacted a wetland. Unfortunately, it is often too late at this point to avoid serious consequences. While there are certain…
Local Interest: 100+ Years of Affordable Housing in Traverse City; Affordable Housing circa 2005
In recent months, tall buildings, development, and affordable housing have been at the epicenter of discussion and debate in the Traverse City community. Traverse City’s economy is based, in large part, on the service industry and light manufacturing, but property values are driven by the high demand for residential real estate. This unique dichotomy has created a housing imbalance and…
New Exemptions to Avoid Property Tax Uncapping
Author: W. Dane Carey A recent change in Michigan law offers important new planning opportunities for owners of cottages and other residential family property. The change has made it significantly easier to transfer residential real estate (including recreational lands) from one generation to the next without unfavorable tax consequences. Specifically, the recently enacted law provides new…
“Uncommon Elements” of a Condominium Project
What happens when a condominium project is left in an incomplete stage of development? What effect does it have upon those who have already purchased a condominium? These questions have become far more common since the economic downturn. Michigan’s Condominium Act provides the legislative authority for the creation of a real property interest known as…