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Attorneys Specializing in
Land Use and Business Law

Partners to Religious Organizations, Property Owners and Businesses

Michigan Land Use and Zoning

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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Michigan Court Reviews 19th Century Surveying Practice to Decide a 21st Century Lakefront Property Dispute

  • August 7, 2020
  • by Adel Nucho

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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Know your (water) rights before purchasing that lakefront home

  • June 23, 2020
  • by Emily

Land use attorney highlights eight considerations when buying waterfront property Media Contacts: Barbara Fornasiero, EAFocus Communications; barbara@eafocus.com; 248.260.8466; Daniel Dalton; ddalton@daltontomich.com; 248.229.2329 Detroit—June 23, 2020—Outdoor recreation seekers are flocking to the water now that summer is here and states have begun relaxing their COVID-19 restrictions, […]

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The Reality of Racism and Zoning

  • June 5, 2020
  • by Daniel P. Dalton

The news of George Floyd, Ahmaud Arbery and Breonna Taylor is now part of the collective conscious of America.  The senseless deaths has brought the reality of racism into our lives and shaken us to a core. Racism is not new in zoning. Studies have confirmed […]

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Michigan Court Provides More Guidance for Aggrieved Parties

  • May 27, 2020
  • by Lawrence Opalewski

To challenge a local planning or zoning decision in Michigan, one must generally qualify as an “aggrieved party.” Unfortunately, Michigan courts have interpreted the “aggrieved party” term narrowly. This has made it difficult for concerned citizens to challenge problematic decisions in court. However, the Michigan […]

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Court of Appeals Overturns Variance for Cell Tower

  • March 2, 2020
  • by Lawrence Opalewski

Any attorney who has appealed a land use or zoning decision in Michigan knows that courts are hesitant to overturn the decisions of local ZBAs or planning commissions. One recent case gives a roadmap of what a successful challenge to a local planning decision can […]

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How Can I Win Planning Commission Approval?

  • January 7, 2020
  • by Lawrence Opalewski

Winning a recommendation of approval from a local planning commission comes down to a few key areas, as planning commission veteran and land use and zoning attorney Larry Opalewski explains in this video. Tips to help you win planning commission approval: Prepare a thorough and […]

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How Do Courts Enforce Restrictive Covenants or Deed Restrictions?

  • January 6, 2020
  • by Lawrence Opalewski

Restrictive covenants, sometimes called “deed restrictions,” restrict the free use of land and are generally disfavored by courts. They are however generally enforceable, as Detroit-based land use and zoning attorney Larry Opalewski explains in this video. Key facts about restrictive covenants or deed restriction enforcement […]

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The Basics of Planned Unit Developments (PUDs) in Michigan

  • October 17, 2019
  • by Lawrence Opalewski

The typical zoning ordinance is written in such a way as to encourage different kinds of developments to follow a one-size-fits-all approach. Realizing this problem, the Michigan legislature allowed for more variety and flexibility in zoning. Today, developers can take advantage of the Planned Unit […]

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“Partying” on the Lake — The Power of Dedication Language in a Subdivision Plat

  • September 18, 2019
  • by Daniel P. Dalton

Recorded about 80 years ago, the dedication language in a plat became the subject of a lawsuit which made it the Michigan Court of Appeals 3 years ago (Yuska v. Hasler). Yuska v. Hasler serves as a reminder that dedication language in a plat could […]

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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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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.