Attorneys for Land Use,
Property and Business Law

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Michigan Land Use and Zoning

Help! My Neighbor is Flooding My Property!

  • July 2, 2021
  • by Lawrence Opalewski

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 […]

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Court of Appeals Decision Addresses Limitations to Landowners’ Right to Sell, Convey, or Divide Their Property

  • November 28, 2022
  • by Admin

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 […]

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Disputes with Boundary Lines & the Doctrine of Acquiescence

  • November 7, 2022
  • by Admin

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 […]

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Michigan Court of Appeals’ Take on a Restrictive Covenant as Applied to the Construction of a Shed

  • October 19, 2022
  • by Admin

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 […]

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Michigan Supreme Court Eases Requirements to Appeal Land Use Decisions

  • September 15, 2022
  • by Lawrence Opalewski

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, […]

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Easements by Necessity, Do Michigan Courts Require Additional Steps when Purposed for Access to Utilities?

  • September 9, 2022
  • by Admin

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 […]

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Can your building permit be revoked if your property is rezoned? It depends.

  • June 14, 2022
  • by Noel Sterett

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. […]

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Can You Expand an Easement by Prescription?

  • May 6, 2022
  • by Lawrence Opalewski

Most property owners in Michigan will come across easements at some point. As we know, an easement is the right to use someone else’s property for a specific purpose. Sometimes easements can be overused for purposes that were not originally intended. For example, maybe an […]

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Court Clarifies Difference Between Standards for Use and Nonuse Variances.

  • March 10, 2022
  • by Lawrence Opalewski

If you’ve ever applied for a variance, you’ll know that there are two different types of variances. There is a “use variance” and a “nonuse variance.” While some municipalities clearly lay out the differences, others tend to conflate the two types. Fortunately, the Michigan Court […]

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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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Request for Zoning Board of Appeals Rehearing Does Not Pause Claim of Appeal Time Limit

  • January 14, 2022
  • by Lawrence Opalewski

Parties aggrieved by a land use decision of a local body, such as a zoning board of appeals (ZBA) or a board of trustees, have the option to appeal that decision to the local circuit court. Examples of these decisions include rezonings, special land use […]

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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.