Attorneys for Land Use,
Property and Business Law

Partners to Religious Organizations, Property Owners and Businesses

Civil Litigation

FRAUD DURING THE SALE OF A HOME

  • November 19, 2019
  • by Admin

Imagine yourself having just purchased a house. You and your family are excited, stressed, and eager all at the same time. You move all of your belongings into your new home and begin to settle in. A couple of months go by, the snow melts, […]

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Increasing or diverting the natural flow of surface water onto a neighboring property

  • January 18, 2022
  • by Admin

A trespass is an intrusion of a physical and tangible object onto the land of another without permission. In some cases, surface water flowing from a neighbor’s property onto yours is considered a trespass in Michigan. “Surface waters” are “waters on the surface of the […]

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With Openness Comes Accountability; Challenging a Rezoning Decision under the Open Meetings Act

  • July 22, 2021
  • by Admin

It goes without saying that a neighboring property’s zoning classification can have a negative impact on the value of, and your ability to, enjoy your own property. If you recently found out that a property close to your home was the subject of a rezoning […]

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Big Changes Coming to Who Will Decide Your Appeal in Illinois

  • June 8, 2021
  • by Noel Sterett

Illinois is infamous for gerrymandering—the practice of politicians redrawing the political districts to protect their positions of power. Many have even quipped that voters in Illinois don’t pick their politicians, rather the politicians pick their voters. And now it appears that the politicians are also […]

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Fraud in Real Estate Transactions and “As Is” Clauses

  • February 22, 2021
  • by Admin

  In Michigan, an “as is” clause in a contract for the sale of a home shields the seller from liability for unknown defects, even if the defect should have been reasonably discovered by conducting an inspection. The Court of Appeals reiterated recently, in Pilcher v. […]

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Using “acquiescence” to establish boundary lines

  • December 20, 2020
  • by Admin

  Disagreements between owners of neighboring properties often arise over boundary lines. Boundary lines are usually established by getting a survey of the legal description contained in a deed. And a survey could actually prove that the line—which the owners treated as the true line—is […]

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Fulton v. City of Philadelphia reflects rising trend of cities restricting faith-based organizations from serving their communities

  • November 11, 2020
  • by Emily

“In some cases, zoning and land use restrictions are choking them out; in other cases, cities are going after religious institutions because their religious beliefs do not jive with public policy positions…” Media Contacts: Barbara Fornasiero, EAFocus Communications; barbara@eafocus.com; 248.260.8466; Noel Sterett; nsterett@daltontomich.com; 815.997.7221 Chicago—-November […]

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Court awards money to prevent injustice

  • November 6, 2020
  • by Admin

Have you ever done something that benefits another person with the expectation that you will get something in return? Sometimes, unfortunately, even when the other person is aware of your expectations, he or she does not follow through. What remedies do you have? Courts will […]

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Court Rules Illinois Nurses Can Recover Triple Damages Under the Right of Conscience Act–Even Against Public Employers

  • October 13, 2020
  • by Noel Sterett

Illinois’s Health Care Right of Conscience Act, 745 ILCS 70/1 et seq., (“Conscience Act”), has long been the gold standard when it comes to protecting health care professionals’ right of conscience. Illinois doctors, nurses, pharmacists and other health care professionals enjoy a statutory right to […]

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Lakefront property owner wins disputed strip of land

  • August 7, 2020
  • by Admin

Michigan courts once again shines the spotlight on the significance of a plat in lakefront property disputes. The case of Saunders v. Rhodes (decided June 18, 2020) started with a dispute between two property owners over a strip of land abutting Chippewa Lake, in Mecosta […]

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Why you should assert your rights immediately

  • June 29, 2020
  • by Admin

  A recent riparian rights decision by the Court of Appeals of Michigan shows the importance of speaking up when you believe your neighbor is encroaching on your property. In White v. Ochalek, the parties owned adjacent waterfront properties on Hubbard Lake. Their deeds provide […]

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The attorneys of Dalton & Tomich, PLC have the experience and the knowledge to work with you to develop a legal solution that helps accomplish your goals. Our collaborative approach has helped leaders like you grow businesses and banks, develop and expand churches, and build nonprofit organizations nationwide.