In April, 2012, BSLTS attorneys will present the MTA educational seminar “Potential Legal Speed Bumps – Ten Topics to Tackle Today.” The seminar will be presented in several locations throughout Michigan.
Topics that will be covered include Open Meetings Act (closed sessions), Freedom of Information Act (electronic records), Michigan Medical Marihuana Act Update, Complete Streets legislation, Municipal Partnership Act, Publicly Funded Health Insurance Contribution Act, fees/cost recovery, sign ordinances, selective enforcement and mineral extraction.
Sessions of the seminar are scheduled for Marquette (April 10), Gaylord (April 11), Frankenmuth (April 17, ) Big Rapids (April 18) and Battle Creek (April 20).
For more information, contact Shelley Tucker at Michigan Townships Association. shelley@michigantownships.org
The Michigan Court of Appeals held recently that a property owner’s receipt of a refund of a homestead property tax credit is not considered income for purposes of a Board of Review’s poverty exemption calculations.
In most cases, a homestead property tax credit is applied to income taxes owed. In the case at hand, however, the property owner did not have to pay income taxes, because of her annual income. She therefore received a refund of her homestead property tax credit. When she applied for a poverty tax exemption to her township board of review, the board of review included that refund amount in her income.
The Court of Appeals reversed the Michigan Tax Tribunal, holding that “the homestead property tax credit does not confer income nor is it a program to transfer new monies to individuals. . . .rather. . . it is to rebate a portion of the property taxes a person has already paid.” Ferrero v Township of Walton, Court of Appeals, case no. 302221, February 23, 2012 (for publication). Tax refunds are not considered income and should not have been added to her income for purposes of evaluating the poverty exemption under MCL 211.7u.
Ferrero v Township of Walton, Court of Appeals, case no. 302221, 2/23/12 (released for publication)
BSLTS attorneys John Bauckham and John Lohrstorfer assisted several townships in Saginaw, Shiawassee and Genesee counties in obtaining a stay of the hearing of necessity scheduled by the Misteguay Creek Drainage District. A finding of necessity would have allowed the Misteguay Creek Drainage District to authorize a large scale drainage improvement project proposed for areas in Saginaw, Shiawassee, and Genesee counties. The Misteguay Creek Drainage District is under the auspices of the Saginaw, Genesee and Shiawassee County drain commissions.
BSLTS clients Maple Grove, Clayton Charter, Montrose, Hazelton, Flushing, New Haven, Venice and Caledonia Townships joined together to halt the hearing of necessity and any later determination of necessity for the large scale drainage improvement project.
Attorneys Bauckham and Lohrstorfer authored briefs and argued for a stay at the circuit court level, but were unsuccessful. The Michigan Court of Appeals, however, granted a stay of the hearing of necessity, until the Court of Appeals hears the matter.
For more information on Drain Code issues, please contact a BSLTS attorney.
Attorney Roxanne Seeber has been invited to speak at the Michigan Fire Inspector Society’s Fall Conference (2012). Attorney Seeber will give a presentation on legal remedies to insure compliance with a fire inspector’s orders.
Attorney Rob Thall recently authored two amicus briefs for submission to the Michigan Supreme Court, in support of the Michigan Townships Association and the Michigan Municipal League.
Attorney Thall submitted an amicus brief in support of MTA in Toll Northville Limited Partnership v Township of Northville.
Attorney Thall submitted an amicus brief in support of MTA and MML in Michigan Properties LLC v Meridian Township.
Oral argument on both cases is scheduled for March 6, 2012 at the Michigan Supreme Court