Land Use Attorneys
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Partners to Religious Organizations, Property Owners and Businesses

Land Use and Zoning

Who is responsible for trees on a property line in Michigan?

  • August 11, 2019
  • by Daniel P. Dalton

One of the most common questions we receive on property line or easement related question is who is a responsible for trees on a property line. Imagine the scenario where you own land and have a tree near the property line. A large branch grows […]

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Michigan Court of Appeals “Restricts” Restrictive Covenants

  • August 6, 2019
  • by Lawrence Opalewski

Restrictive covenants limit what an owner can do with real property. As such, they are disfavored by the legal system. Thus, when a court interprets restrictive covenants, it will do so narrowly. If a restrictive covenant is not written clearly, a court may not enforce […]

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If You Live in a Subdivision That Contains a Lake, You Likely Have Rights in That Water

  • July 27, 2019
  • by Daniel P. Dalton

When it comes to owning interest in land that includes or touchesan inland lake or stream, the law in Michigan is clear: you are considered a riparian landowner. Generally speaking, a riparian landowner holds a bundle of rights, also known as riparian property rights. These […]

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Tips for Appearing Before a Planning Commission

  • July 25, 2019
  • by Lawrence Opalewski

If you would like to develop land, chances are you will need to appear before a planning commission at some point. Appearing before the commission can be an intimidating experience. Even those who’ve appeared before the commission many times make mistakes. While no two planning […]

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Church Secures Right to Worship and $225,000 in Settlement with the City of Markham, IL

  • July 24, 2019
  • by Noel Sterett

For more than six years, the City of Markham fought our client, the Church of Our Lord and Savior Jesus Christ, in both state and federal court over the church’s right to continue meeting in its sanctuary at 16018 S. Spaulding Avenue. We asserted the […]

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First Batch of Redevelopment Zone Detroit Liquor Licenses Approved

  • June 28, 2019
  • by Zana Tomich

Crain’s Detroit Business reporter Kurt Nagl wrote in May about about the City of Detroit seeking approval for 20 new liquor licenses through the Redevelopment Area Liquor Licenses that were made available through the State of Michigan. Though the matter was on the agenda for […]

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Supreme Court Issues Major Property Rights Decision That Helps RLUIPA Plaintiffs

  • June 21, 2019
  • by Noel Sterett

This morning the Supreme Court issued a major property/civil rights decision in Knick v. Township of Scott.  In a 5-4 decision, the Court overruled its 1985 decision in Williamson County v. Hamilton Bank. The Williamson County decision adopted a rule which required property owners to […]

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SUPREME COURT SENDS RELIGIOUS EXERCISE CASE BACK TO OREGON FOR RECONSIDERATION

  • June 17, 2019
  • by Noel Sterett

In our April 15, 2019 blog post, we discussed a petition for review that was pending before the United States Supreme Court. The petition was filed in the case of Klein v. Oregon Bureau of Labor and Industries, and it involved two bakers who claimed […]

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The Three Types of Nuisance Claims Under Michigan Law

  • June 7, 2019
  • by Alex Reuter

In everyday conversation it is not uncommon to hear, “he’s just being a nuisance,” or, “that is such a nuisance.” But what actually is a nuisance? More specifically, when does a person’s (or entity’s) conduct become so inappropriate that it rises to the level necessary […]

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Lake Access for Michigan Back-Lot Owners

  • May 31, 2019
  • by Lawrence Opalewski

If you own property on an in-land Michigan lake, you typically enjoy riparian rights to that lake. You can read more about riparian rights here and here. But what about back-lot property owners on an in-land lake? Are back-lot owners completely shut out of lake […]

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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.