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Anti-S.L.A.P.P Bills introduced in State House

Discussion on law suits filed to stifle public participation at public meetings; Strategic Lawsuits Against Public Participation (S.L.A.P.P.). A public policy paper by Gary Taylor.

Anti-S.L.A.P.P. Bills introduced in State House.

County Building Exempt from Zoning

Michigan Supreme Court Exempts Siting of County Buildings from Township Zoning.

County Building Exempt from Zoning

Public policy analysis: Michigan’s Right to Farm Act and new generally accepted agricultural and management practices

Amendments to the Michigan Right to Farm Act significantly changed the control local ordinances –including zoning– has over animal farms.  A major change is the state, through establishing Generally Accepted Agricultural and Management Practices (GAAMP) establishes the criteria for siting, odor control, setback  distances, and several other things.  In many situations local ordinances and zoning can not regulate these issues.  This reviews GAAMPs for site selection and odor control for new and expanding livestock production facilities and addresses the local government role in this process. By Pat Norris.

Public Policy Analysis: Michigan’s Right to Farm Act and New Generally Accepted Agricultural and Management Practices.

Public Policy Brief: Congress Passes, President Signs the Religious Land Use and Institutionalized Persons Act of 2000

A new federal law greatly impacts how local governments may regulate churches and other religious buildings.  This brief outlines the Religious Freedom Restoration Act of 1993, subsequent United States Supreme Court cases and the Religious Land Use and Institutionalized Persons Act of 2000 and the implications for local government.  By Gary Taylor.

Public Policy Brief: Congress Passes, President Signs the Religious Land Use and Institutionalized Persons Act of 2000.

Limits and parameters on local and state regulation of wireless communication

At the start of 2013, significant new restrictions were placed on local governmental authority to regulate the expansion and location of wireless service facilities, in addition the restrictions on local regulations already in place.  This publication reviews and explains the limits on local authority from (1) the Federal Telecommunication Act, (2) the Spectrum Act (a.k.a. Sequestration Act), (3) the 2014 FCC ruling, and (4) the Michigan Zoning Enabling Act. By Kurt H. Schindler, AICP. Please make sure your copy is not dated before March 30, 2015.

Limits and parameters on local and state regulation of wireless communication.

Restricitions on zoning authority

This pamphlet is a summary of the limitations placed on zoning in Michigan.  There are certain land uses which are exempt from zoning, others which might be subject to regulation but can not be prohibited.  The list of restrictions on zoning changes as various court cases, state statues and federal law evolves.  This pamphlet reviews limitation on zoning as it exists on the publication date. Please make sure your copy is not dated before September 13, 2016.

Restrictions on zoning authority.

Summary of zoning and planning decisions, 2003

A policy brief on planning and zoning court decisions, attorney general opinions for May 2002 to April 2003 by Gary Taylor.

Summary of zoning and planning decisions, 2003

Summary of zoning and planning decisions, 2004

A policy brief on planning and zoning court decisions, attorney general opinions for May 2003 to April 2004 by Gary Taylor.

Summary of zoning and planning decisions, 2004

Summary of zoning and planning decisions, 2005

A policy brief on planning and zoning court decisions, attorney general opinions for May 2004 to April 2005 by Kurt H. Schindler.

Summary of zoning and planning decisions, 2005

Summary of zoning and planning decisions, 2006

A policy brief on planning and zoning court decisions, attorney general opinions for May 2005 to April 2006 by Kurt H. Schindler.

Summary of zoning and planning decisions, 2006

Summary of zoning and planning decisions, 2007

A policy brief on planning and zoning court decisions, attorney general opinions for May 2006 to April 2007 by Kurt H. Schindler.

Summary of zoning and planning decisions, 2007

Summary of zoning and planning decisions, 2008

A policy brief on planning and zoning court decisions, attorney general opinions for May 2007 to April 2008 by Kurt H. Schindler.

Summary of zoning and planning decisions, 2008

Summary of zoning and planning decisions, 2009

A policy brief on planning and zoning court decisions, attorney general opinions for May 2008 to April 2009 by Kurt H. Schindler.

Summary of zoning and planning decisions, 2009

Summary of zoning and planning decisions, 2010

A policy brief on planning and zoning court decisions, attorney general opinions for May 2009 to April 2010 by Kurt H. Schindler.

Summary of zoning and planning decisions, 2010

Summary of zoning and planning decisions, 2011

A policy brief on planning and zoning court decisions, attorney general opinions for May 2010 to April 2011 by Kurt H. Schindler.

Summary of zoning and planning decisions, 2011

Summary of zoning and planning decisions, 2012

A policy brief on planning and zoning court decisions, attorney general opinions for May 2011 to April 2012 by Kurt H. Schindler.

Summary of zoning and planning decisions, 2012

Summary of zoning and planning decisions, 2013

A policy brief on planning and zoning court decisions, attorney general opinions for May 2012 to April 2013 by Kurt H. Schindler.

Summary of zoning and planning decisions, 2013

Summary of zoning and planning decisions, 2014

A policy brief on planning and zoning court decisions, attorney general opinions for May 2013 to April 2014 by Kurt H. Schindler.

Summary of zoning and planning decisions, 2014

Summary of zoning and planning decisions, 2015

A policy brief on planning and zoning court decisions, attorney general opinions for May 2014 to April 2015 by Kurt H. Schindler.

Summary of zoning and planning decisions, 2015

Summary of zoning and planning decisions, 2016

A policy brief on planning and zoning court decisions, attorney general opinions for May 2015 to April 2016 by Kurt H. Schindler.

Summary of zoning and planning decisions, 2016

Summary of Property Takings Case Law

This pamphlet reviews the court cases which have established the rules and considerations for taking of private property by government, and by government regulation.  The pamphlet reviews “exactions,” Michigan takings case law, taking valuation, and the newest court involving land at Lake Tahoe. By Chris Grobble.

Summary of property takings case law.

Selected zoning court cases concerning the Michigan Right to Farm Act court cases

A policy brief on selected zoning court cases (1964-2016) concerning the Michigan Right to Farm Act and local zoning jurisdiction by Patricia Norris and Kurt H. Schindler. Please make sure your copy is not dated before August 30, 2016.

Selected zoning court cases concerning the Michigan Right to Farm Act court cases.

White Paper, A Local Government View Of the Michigan Medical Marijuana Act

This White Paper was prepared at the request of the Michigan Municipal League and Michigan Townships Association to be a resource for Michigan local governments. The views and conclusions expressed are those of the author and do not necessarily represent the positions of either the Michigan Municipal League or Michigan Townships Association. Gerald A. Fisher is a professor of law at the Thomas M. Cooley Law School, Auburn Hills, Michigan. Prior to becoming a professor, he served as counsel for Michigan cities, villages and townships for some thirty years.

White Paper, A Local Government View Of the Michigan Medical Marihuana Act.

Syllabus and Opinion for Ter Beek v. City of Wyoming

The Michigan Supreme Court case on the Michigan Medical Marihuana Act (MMMA) where the court held: The federal controlled substances act does not preempt §4(a) of the MMMA, but §4(a) preempts the ordinance because the ordinance directly conflicts with the MMMA.

Syllabus and Opinion for Ter Beek v City of Wyoming