Michigan Land Use and Zoning
Help! My Neighbor is Flooding My Property!
Disputes between neighbors over the flow of water are nothing new. The water simply has to go somewhere, especially when there’s a lot of it. Recently, there’s been an increase in water issues caused by homes that have been “flipped.” When an old home is […]
Read MoreLawsuit over Stalled Solar Panel Project Reflects Growing Friction with Zoning Approval from Local Governments
Lakeside Solar, LLC, filed suit against White River Township, on February 28, 2023, in U.S. District Court, regarding a prospective solar panel project on Michigan’s west side. For more than three years, Lakeside Solar has been developing this project over hundreds of acres in Muskegon […]
Read MoreCan a Municipality Waive Its Right to Enforce a Zoning Ordinance?
Sometimes, property owners will be aware that their use of a property is not compliant with local ordinances. But not all municipalities enforce their ordinances in the same time or in the same manner. If enforcement does not occur right away, some property owners may […]
Read MoreDo all Land Sale Contracts have to be in Writing?
Michigan has longstanding law that requires certain agreements or contracts be in writing to be considered legally enforceable. This is known as the statute of frauds. The land sale contracts and certain lease agreements are included under this statute of frauds, which require these types […]
Read MoreTwists & Turns of Confronting Zoning Ordinances Demonstrated in Old Mission Peninsula
A group of wineries located in Michigan’s Peninsula Township sued the Township in October 2020, in federal court. The case, Wineries of the Old Mission Peninsula v. Peninsula Township, is a result after long ongoing negotiations and conflict over zoning ordinances. The lawsuit concerns constitutional challenges […]
Read MoreCourt of Appeals Decision Addresses Limitations to Landowners’ Right to Sell, Convey, or Divide Their Property
Generally, when you purchase or obtain property, you in turn as the landowner, are able to sell, convey, or divide the property as you please. This is called the “right of alienation.” This right of alienation is usually strictly enforced, especially when a landowner obtains […]
Read MoreDisputes with Boundary Lines & the Doctrine of Acquiescence
In many instances, where a dispute over use of premises or ownership arises, matters concerning property lines may arise as well. Under Michigan law, the doctrine of acquiescence applies to issues regarding property boundary lines. The doctrine of acquiescence for a statutory period provides that […]
Read MoreMichigan Court of Appeals’ Take on a Restrictive Covenant as Applied to the Construction of a Shed
The Court of Appeals of Michigan recently addressed the enforceability of a restrictive covenant regarding the construction of a shed, in Crestwood Homeowners Association v. Pawlanta. A restrictive covenant is essentially an agreement that real property will be used in a certain way. Moreover, restrictive […]
Read MoreMichigan Supreme Court Eases Requirements to Appeal Land Use Decisions
Successfully appealing a municipal land use decision in Michigan is notoriously difficult. First, one must qualify as an “aggrieved party.” Separate from traditional notions of standing, “aggrieved party” status has been narrowed by the courts to encompass only a small group of potential parties. Second, […]
Read MoreEasements by Necessity, Do Michigan Courts Require Additional Steps when Purposed for Access to Utilities?
A recent unpublished opinion by the Michigan Court of Appeals, Burns v. Romaya,brings to light an issue to be aware of when encountering an easement for utility access under the law of necessity. Generally speaking, utility easements are quite common and permit the entry or […]
Read MoreCan your building permit be revoked if your property is rezoned? It depends.
Property owners and developers apply for building permits all the time. They fill out forms and submits plans to show that what they intend to build complies with current zoning and building codes. And when their applications are approved, they expect to receive a permit. […]
Read MoreAbout Us
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.
Our Practice Areas
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call us: 313.859.6000
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Detroit, Michigan 48226
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Rockford, IL 61101
Mitchell CorderAdministrative Bishop Church of God, Tennessee
In my role as Administrative Bishop for the Church of God, quite often we are faced with issues that involve local governments and municipalities. Many of these issues that arise in dealing with entities are land use related. I have found Dalton & Tomich’s experience and expertise in this area to be a valuable resource and asset in every situation.
Tim RhodusLead Pastor, Cross Church Carlinville & Staunton, IL
Never one time during a year-long litigation process did Dalton & Tomich demonstrate anything other than Christ-like professionalism. They managed the legal details, while we continued to do church. How they managed themselves, managed our case, and represented our church set the table for me and our church to be where we are today.
Ronnie HolmesSenior Pastor, Church of the Open Door, Waco, TX
Dalton & Tomich’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. Their personal interest in helping us went “above and beyond” just the call of duty.