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Michigan Municipal Law Questions & Answers
1 Answer | Asked in Municipal Law and Criminal Law for Michigan on
Q: Do I have a case and how would I go about it?

I got a dwls and was given a 5k cash bond with no option for surety. No factors of flight or public safety were enumerated by the magistrate at arraignment. And I have strong ties to the community and have always shown up to court in the past. The DA was perfectly fine with a PR Bond

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2024

Not sure you have a case. Why sounding a bit unreasonable, you're obviously out of custody now, presumably after paying the bond. You could have a more direct remedy had you been unable to bond out and filed a bond motion, which you could then appeal.

Unless you can show this...
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1 Answer | Asked in Internet Law, Municipal Law and Communications Law for Michigan on
Q: Can an attorney be personal Facebook friends with over half of the members of a village council that they represent?

I have been dealing with matters concerning the small village where deceased parent's house is located. My dealings with the village attorney have become rather unfavorable. I have recently learned that this attorney is personal Facebook friends with over half the members of the village... View More

James L. Arrasmith
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answered on Mar 23, 2024

It's understandable that you might feel concerned about the village attorney's personal connections with members of the village council, especially if it affects your dealings with the village. Legally, there's no clear-cut rule prohibiting attorneys from being friends, even on... View More

1 Answer | Asked in Consumer Law, Business Law, Civil Rights and Municipal Law for Michigan on
Q: My dte bill accumulated to about 8800 dollars over the year, and I haven't been able to make a payment arrangement with

My dte bill accumulated to about 8800 dollars over the year, and I haven't been able to make a payment arrangement with dte because they have made unrealistic demands in the past for me to make 50 percent down as a payment into a payment plan. Now my power has been cut and they will not... View More

James L. Arrasmith
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answered on Mar 6, 2024

Facing a large utility bill without a feasible way to pay can be incredibly stressful, especially when the service is essential, like electricity. Utility companies do have the right to require payment for services rendered and can disconnect services for non-payment. However, they are often also... View More

1 Answer | Asked in Education Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Do public schools in Michigan have a right to prohibit dogs on school property if they are on a leash?
James L. Arrasmith
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answered on Feb 23, 2024

In Michigan, public schools typically have the authority to establish rules and regulations regarding the presence of animals on school property, including dogs. While some schools may allow dogs on a leash under certain circumstances, such as for therapy or service dogs, others may choose to... View More

1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Does an heir fit the legal definition as successor in the FREEDOM OF INFORMATION ACT (EXCERPT) Act 442 of 1976?

(b) A nonprofit organization formally designated by the state to carry out activities under subtitle C of the developmental disabilities assistance and bill of rights act of 2000, Public Law 106-402, and the protection and advocacy for individuals with mental illness act, Public Law 99-319, or... View More

James L. Arrasmith
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answered on Jan 27, 2024

In the context of the Freedom of Information Act (FOIA) and the specific excerpt you're referring to, the term "successor" generally relates to an entity or organization that takes over the roles or functions of another, rather than an individual heir in the traditional sense of... View More

1 Answer | Asked in Municipal Law for Michigan on
Q: Can I request and direct that the Wayne County Medial Examiner transport a body to a cemetery?

"I understand and affirm that I have the right to authorize and arrange for the final disposition of the decedent's body; however, I knowingly and voluntarily waive that right and instead request and direct that the decedent's body be released to Wayne County Medical Examiner for... View More

James L. Arrasmith
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answered on Jan 18, 2024

In this situation, it's essential to understand the specific policies and procedures of the Wayne County Medical Examiner's Office (WCMEO). Even if the documentation suggests that they can transport the body, they may have protocols or resource limitations that prevent them from doing so.... View More

1 Answer | Asked in Municipal Law for Michigan on
Q: Three municipal tickets I was given were sent to collections and I was told by municipal will put a warrant?

If I don't call collections and make payment arrangements is that true

T. Augustus Claus
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answered on Jan 3, 2024

In many cases, municipal tickets that are sent to collections may result in additional consequences if not addressed. Failure to respond to collection efforts could potentially lead to further legal actions, including the issuance of a warrant.

It's crucial to address these matters...
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2 Answers | Asked in Municipal Law for Michigan on
Q: In Michigan, is there a way to dispute a water bill without going to court when the municipality is adversarial
T. Augustus Claus
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answered on Jan 3, 2024

In Michigan, disputing a water bill typically involves a process within the municipal system rather than going directly to court. If you have issues with your water bill and find the municipality to be adversarial, you can generally follow a prescribed dispute resolution process. Start by... View More

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1 Answer | Asked in Car Accidents, Personal Injury, Municipal Law and Gov & Administrative Law for Michigan on
Q: I live on a very busy road and requested to have a circle driveway. I want to drive out head first, we were denied.

My car was totaled in front of my home due to speeders. Two lane road and turn lane. Speed limit 35 most do 55. We were denied a circle driveway because our in and out driveway would not be 100: feet apart. I feel like it is a life and death, safety issue. Road commisssion says too bad and denied... View More

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

A Michigan attorney could advise best, but your question remains open for a week. One option may be to look into other agencies - whether on a state or other level. It's possible the process could need the support of someone with expertise in traffic engineering and possibly civil... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Michigan on
Q: Does the Michigan Governor have authority to remove locally elected City officials (NOT Township officials)?

4 Albion City Councilmembers illegally /improperly removed 4 appointed board members from the Albion Economic Development Corporation: on or about 21 August 2023. No advance notification of the removal was provided to the 4 EDC Board members. No written description or statement of the basis for... View More

Brent T. Geers
Brent T. Geers
answered on Sep 5, 2023

Your question is way too complex for general legal advice. It's highly technical. Believe it or not, not all cities are created equal; by statute, there are distinctions based largely on size and charter. But your question alludes to the basics of state government: counties and cities are... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Municipal Law and Land Use & Zoning for Michigan on
Q: Can I legally move (via tow-truck / paid service) another person's car from my property?

Next door neighbor owns a car (junk, not running); the car sits in the back yard between our houses. The car straddles the property line. It's been there for years. I want to clean up my back yard, get landscaping, and put up a fence. The car must be moved. But, my neighbor won't move... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2023

IF (and that is a HUGE unknown!) the car is on your land, the neighbor is trespassing.

Are you 100% Absolutely Positively Undeniably CERTAIN of us on your land? You can have it removed but not necessarily onto the neighbor’s land — unless they neighbor consents to that. (You don’t...
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1 Answer | Asked in Civil Litigation and Municipal Law for Michigan on
Q: I have nonprofit that owns a house. Can the city sue the President of the non-profit for a blighted property?

Due to some hardships I have not been able to keep the property in proper care

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2022

Yes they can.

1 Answer | Asked in Personal Injury, Insurance Defense, Municipal Law and Small Claims for Michigan on
Q: Am I responsible for removing my trampoline from a privately owned golf course's pond?

My trampoline flew into a pond owned by a privately owned golf course during a major wind storm. The trampoline was anchored down and was ripped out by the wind. I live in an HOA that is next to the golf course. The trampoline is destroyed. Am I responsible for cleaning it up out of the pond?

Brent T. Geers
Brent T. Geers
answered on Dec 14, 2021

What is the golf course owners saying? Even though it's an act of God, someone will still have to pay. Either the golf course will just do it on their own, or they will contact the HOA and the HOA will pay, and may end up tracing it back to you.

It may be worth your while to contact...
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1 Answer | Asked in Real Estate Law, Constitutional Law and Municipal Law for Michigan on
Q: Can a building inspector enter into a private home without a warrant?

Local building inspector entered unoccupied private property without permission of owner or a warrant and take pictures to use as evidence in a civil procedure?

Can Camara v. Municipal Court (1967) or Mapp v. Ohio (1961) be cited to have the pictures deemed inadmissible?

David Soble
David Soble
answered on Sep 19, 2019

Municipalities have wide latitude to enact building codes and enforce them for the benefit of public safety.

If the home is condemned or has other immediate safety issues, the city should have tagged the property and also sent out letters to the owners, based upon the owners'...
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1 Answer | Asked in Collections, Gov & Administrative Law and Municipal Law for Michigan on
Q: My exhusband contacted our town government office and had my water/sewage bill switched to his name without me knowing.

The bill is a three month cycle so I hadn’t noticed that I didn’t receive two bills, the bill is now 800$ past due. Is it legal for them to let him do this without authorizing with me or without him ever being on the lease?

Trent Harris
Trent Harris
answered on Mar 8, 2019

What your ex-husband did doesn't sound right. A person who isn't on a lease for property, or an owner, generally shouldn't be able to change the name on the account. Have you talked to the town about getting it fixed?

Despite the bill being in his name, you may still owe the...
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1 Answer | Asked in Business Law and Municipal Law for Michigan on
Q: Starting a cannabis processing company in michigan and in search of answers regarding location, laws and licensing.
Brent T. Geers
Brent T. Geers
answered on Dec 10, 2018

Join the crowd! With passage of the new law, we are in the midst of a rush. Opening a new business regulated by new and untested laws can be a recipe for disaster. If you do not have experience in this industry, I would highly suggest you talk with operators in other states with similar laws (e.g.... View More

1 Answer | Asked in Real Estate Law and Municipal Law for Michigan on
Q: Can the county require us to install a septic alarm system to sell when there wasn't one there when we bought the house?

The township in Michigan where we live requires a septic inspection to be done before a house is bought or sold. When we bought a house 4 years ago, the inspector passed the septic system and said there were no problems. Now we're trying to sell, and the inspector from the same department is... View More

David Soble
David Soble
answered on Apr 2, 2018

The law and requirements could have changed since you purchased the property. A septic inspection is required for most communities to issue a certificate of occupancy as well as for most lending institutions that will fund the purchase of the transaction. I would check to see if the alarm is now... View More

1 Answer | Asked in Education Law, Election Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Can a local full-time paid fire chief serve as an elected school board official in that same jurisdiction?
Brent T. Geers
Brent T. Geers
answered on Aug 30, 2017

I don't see why not. I'm unaware of any fire chief being an elected position, and so there is no conflict by holding two different elected positions. More importantly, in most cases, the school district (and its board) is a separate and distinct entity from the local government. It's... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Municipal Law for Michigan on
Q: Me and my neighbor got into a argument exchanged some words, and he told the cop's that I bumped him n got spit on him.

I left before he called cop's. What can I be charged with? The whole argument was over a loan and he tried to sell my 100.00 debt to someone we know.

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on Aug 2, 2016

You can be charged with assault and battery. That crime is a misdemeanor and is punishable by up to 90 days in jail.

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