Bloom Sluggett

Michigan recently enacted new legislation that expands local governments’ authority to regulate the ignition, discharge, and use of consumer fireworks.  Under the new law, municipalities may enact ordinances limiting the time and days when residents may ignite fireworks.  Any such ordinances may not regulate the use of consumer fireworks between 11 a.m. and 11:45 p.m. on specified holidays, such as New Year’s Day, Memorial Day, the Fourth of July, and Labor Day.  Further such ordinances may not regulate the use of consumer fireworks between 11 a.m. and 11:45 p.m. on the Saturday and Sunday immediately preceding Memorial Day and Labor Day.  Failure to comply with the new restrictions could result in a fine of $1,000 for each violation. Under the prior statute, municipalities could not enact ordinances regulating the ignition, discharge, and use of consumer fireworks on the day preceding, day of or day after a national holiday.   Read More

MCNA Insurance Company v. Department of Technology, unpublished decision of the Michigan Court of Appeals, No. 342646, 2019 WL 206417 (January 15, 2019).  Read More

Township of Fraser v. Haney, unpublished decision of the Michigan Court of Appeals, No. 337842, 2018 WL 6711290 (December 20, 2018).  Read More

As 2019 commences, there are a number of statutes that will begin to take effect (and that have already taken effect) as a result of legislation passed during Michigan’s 2018 lame duck legislative session.  The following is a brief summary of legislation passed during 2018 that may affect a number of our clients, as well as a number of House and Senate bills we were tracking that failed to become enacted.  Read More

In general, municipal zoning administrators should not render advisory zoning decisions to applicants or property owners or answer detailed zoning hypotheticals.  Why not?  There are several reasons.  First, that can monopolize a zoning administrator’s time.  While most applicants have generally done their homework before applying for a zoning approval, others have not and attempt to rely upon the zoning administrator to “educate” them.  They almost rely on the zoning administrator as their de facto personal planner or zoning attorney.  Second, given that no zoning or application fee has yet been paid, a municipality is subsidizing the inquisitor.  Third, most zoning administrators are busy and do not have the time to allow a handful of property owners to monopolize their time.  Fourth, in many cases, the landowner often does not tell the zoning administrator all of the relevant facts and circumstances involved (or is mistaken regarding those matters) and the zoning administrator renders zoning advice based upon bad information.  Later, if anything goes wrong, the landowner will invariable blame the zoning administrator for bad advice.  Finally, the zoning administrator is taking on a potential additional liability for the municipality, which need not be.    Read More

The Michigan Court of Appeals recently issued an unpublished decision interpreting the scope of the Michigan Right To Farm Act (the “Act”) and its protections for farm equipment against municipal zoning regulations.  In Lima Township v Bateson, unpublished opinion per curiam of the Court of Appeals, issued on October 11, 2018 (Docket No. 338934), Lima Township sought to enforce provisions of its zoning ordinance that prohibited the storage or staging of commercial vehicles and equipment used for commercial operations in one of its agricultural zoning districts.  In that case, a landowner had been keeping “gravel haulers, bull dozers, road graders,” and other industrial equipment on its property, claiming the equipment was used for commercial production related to a tree farm.  Read More

Bloom Sluggett, P.C. is pleased to announce that we have been selected as a "2019 Best Law Firm" by U.S. News & World Report and Best Lawyers. This is the fourth time that our firm has been recognized.

We're pleased to announce the addition of attorney Danielle Dawson to our legal team. Danielle’s focus is on federal litigation, criminal law enforcement, and employment law.  Read More

Jeff Sluggett has been named the 2019 "Lawyer of the Year" by Best Lawyers® for his work in the field of municipal law. In addition, Sluggett was selected by his peers for inclusion in The Best Lawyers in America© 2019 for the Grand Rapids metro area.  Read More