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 More
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 More
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 More
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 More
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 More
A recent unpublished opinion by the Michigan Court of Appeals, Burns v. Romaya,brings to light an issue to be aware of when encountering an easement for utility access under the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 More
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 More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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.
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.
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.
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.