Areas of Practice

The firm has been engaged in representing townships as a major part of its practice since 1949.  This representation has extended from defense of Annexation efforts by cities and villages to Zoning ordinance drafting and litigation.  It includes incorporation and representation of the Michigan Townships Association in and since 1953, defenses against all efforts to reduce township authority attempted under state and federal legislation or court proceedings, and assisting townships in their multiple phases of township government.  The firm is here to serve when ever the need arises.

ANNEXATION

Through the years Attorney Bauckham has specialized in protecting townships from annexation by cities and is credited with many landmark cases in annexation matters. 

Annexations of township territory by a Home Rule City or Village are issues of emotional, political and financial stress to both general and charter townships. Attorneys Bauckham and Lohrstorfer have been active in defending townships before the State Boundary Commission, local circuit courts and Michigan Appellate Courts on these annexation efforts by cities and villages. 

Successful defenses vary depending on the local circumstances.  The attorneys at Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. have extensive experience and knowledge of the legal technicalities required to be complied with by a city or village. 

Conditional transfers of territory under Michigan Public Act 425 are additional solutions and defenses to annexation with proper legal assistance and ingenuity.

FREEDOM OF INFORMATION ACT (FOIA)

Attorneys at Bauckham, Sparks, Lohrstorfer, Thall & Seeber PC have significant experience assisting townships in responding to Freedom of Information Act (FOIA) requests at all stages of the FOIA process including: 

  • Analyzing FOIA requests
  • Drafting extension notices
  • Evaluating documents proposed for disclosure
  • Preparing township FOIA responses and  coordinating FOIA productions

Our attorneys are available to assist township clients throughout the FOIA process, including representing township clients in FOIA litigation.

RIPARIAN RIGHTS

Michigan is a land of lakes and streams where access to water is jealously sought by all.  The firm has been engaged in such riparian litigation for affected townships throughout the state and has a thorough knowledge of the law in this field of practice.

LITIGATION

 The law firm has been active and successful in defending townships in district and county circuit courts, appellate courts, Michigan supreme courts, Michigan tax tribunal, and federal district and appellate courts.  Such litigation has included, among others

  • Enforcement or defense of general & zoning 
  • Ordinances 
  • Special assessment issues
  • Personnel claims
  • Condemnation actions
  • Water & sewer problems
  • Storm drainage
  • Tax tribunal claims
  • Election and recall problems
  • Discrimination claims
  • Riparian rights
  • Annexation
  • Utility rate disputes

 A recent successful litigation involved injunction action against Michigan Department of Environmental Quality prohibiting it from demanding expensive township action and fees for storm water discharge control.  The law firm periodically through each year represents the Michigan Townships Association in the appellate courts on issues MTA believes to have statewide importance to Michigan townships.

 If and when you have a litigation issue, we are available to discuss it further with you at your convenience.

ORDINANCE ADOPTION

The law firm is versed in all the required technicalities of drafting and adopting of township ordinances to ensure their legality and enforceability.  These include, among others:

  • Zoning & planning ordinances under the new Michigan Planning & Zoning Enabling Acts
  • Nuisance and general township ordinances
  • Building code
  • Traffic codes
  • Administrative ordinances involving personnel policies
  • Business registrations
  • Cemeteries
  • Township parks
  • Township Pension Plans
  • Township group insurance plans
  • Ordinance violations bureau
  • Liquor license standards
  • Subdivision control regulations
  • Civil infractions

Our attorneys are available to assist township clients throughout the ordinance adoption process, including ordinance enforcement.  Call us when the need arises.

P.A. 425 AGREEMENTS

Conditional transfer of territory between townships and adjoining cities, villages and townships is a frequent solution or deterrent to annexation by cities or villages of township territory.  The firm has extensive experience in negotiating these conditional transfer agreements with unique and imaginative terms and solutions.

SEWER & WATER AGREEMENTS

Whether sewer or water service is independently accomplished by a township or is negotiated through granting a franchise to an adjoining municipality, the firm, as a result of its experience in this field, is ready, willing and able to assist a township in obtaining such service.

SPECIAL ASSESSMENTS

Special assessments can be used to finance a wide variety of public services and improvements including, but not limited to:

  • Police and/or fire protection
  • Road maintenance and construction
  • Public water and sanitary sewer systems
  • Sidewalks
  • Lake weed control projects
  • Garbage collection
  • Public parks and lighting

There are a variety of statutes governing various types of special assessments, with each statute containing slight differences in the procedure that must be followed by a township in establishing a special assessment pursuant to that statute. 

The attorneys at Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. have extensive experience in assisting townships throughout the state in a wide variety of special assessment projects, with such assistance ranging from guiding townships through the initial special assessment process to defending special assessment appeals brought before the Michigan Tax Tribunal.

TAX TRIBUNAL

Throughout the State, Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. regularly assist local municipal officials and assessors with all facets of property tax issues.  Our experience includes handling all types of tax appeals in the Michigan Tax Tribunal and before the Michigan Court of Appeals and the Michigan Supreme Court.

 From tax collection issues to assessing and valuation issues we stand ready to assist your municipality to the extent desired.

PLANNING AND ZONING

Attorneys at Bauckham, Sparks, Lohrstorfer, Thall & Seeber PC have extensive experience assisting clients in all facets of planning and zoning issues.  They have served as legal counsel for a wide variety of entities dealing with planning and zoning matters, including township boards, planning commissions, zoning boards of appeal, downtown development authorities, brownfield authorities and individual property owners and developers.

Additionally, Bauckham, Sparks, Lohrstorfer, Thall & Seeber PC, as attorneys or planners, have successfully represented clients in land use litigation in circuit courts, the Michigan Court of Appeals and the Michigan Supreme Court.

Moreover, firm Attorney Catherine Kaufman is also a professional planner and a member of the American Institute of Certified Planners (A.I.C.P.) 

Bauckham, Sparks, Lohrstorfer, Thall & Seeber PC, as attorneys or planners, have direct experience assisting clients in:

  • Preparation and adoption of zoning ordinances
  • Preparation and adoption of  zoning ordinance text amendments
  • Preparation and adoption of a township master plan
  • Provide legal representation at township planning commission, zoning board of appeals or township board meetings (including public hearings), regarding planning and/or zoning issues
  • Review proposals for rezonings,  zoning ordinance text amendments, special uses and planned unit developments
  • Assist township compliance with revised Michigan Zoning Enabling Act and Michigan Planning Enabling Act
  • Assist with zoning enforcement, including prosecution of zoning violations

Our attorneys are available to assist township clients in the planning and zoning process, including representing township clients in zoning litigation.