Land Use Attorneys
and Business Law Experts

Partners to Religious Organizations, Property Owners and Businesses

Michigan Land Use and Zoning

Dalton & Tomich PLC guides Greenleaf Township, Michigan to victory in Federal Court litigation

  • January 7, 2019
  • by Daniel P. Dalton

  One of the best compliments an attorney can have is when an opposing party hires the attorney who sued them in a subsequent case to defend its interest or pursue a claim. This happened to our firm when Dalton & Tomich, PLC was hired […]

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How Michigan Courts Handle Neighbor Water Runoff Issues

  • November 5, 2018
  • by Lawrence Opalewski

As land use attorneys, we get many questions regarding water rights. These questions typically involve lake or river access and navigation. These questions generally fall under the category of riparian rights. One water question that does not fall neatly into the riparian category is the […]

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The Michigan Zoning Enabling Act: Who is an “Aggrieved Party”?

  • October 8, 2018
  • by Admin

The Michigan Zoning Enabling Act, MCL 125.3101 et seq. (“MZEA”), authorizes municipalities to create zoning ordinances that regulate land use within their borders. The MZEA also requires that zoning ordinances create a Zoning Board of Appeals (“ZBA”) for each municipality. MCL 125.3601(1). The ZBA’s decisions are […]

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Access to a lake: Michigan easements and docking rights

  • September 28, 2018
  • by Lawrence Opalewski

  It is no secret that landowners who abut a body of water (riparian owners) often deal with others attempting to access that water. Earlier this year, the Court of Appeals of Michigan dealt with a case involving a riparian owner who brought suit after […]

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Eight Things To Know About Buying and Selling Waterfront Property

  • July 11, 2018
  • by Daniel P. Dalton

Owning waterfront land is not easy.  Depending on the state you live in, the land that’s adjacent to a body of water normally carries with it certain rights relative to that body of water.  Although water rights may vary according to federal, state and local law […]

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Detroit Land Use & Zoning

  • November 15, 2016
  • by Daniel P. Dalton

In addition to the land use and zoning work that we do for religious organizations around the United States, and the donation and collection bin cases wherein we have successfully asserted First Amendment Free Speech claims, we have been working with local property owners and […]

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What can a property owner do when the local government in Michigan takes ownership of land?

  • July 11, 2016
  • by Daniel P. Dalton

Are there any claims available to a property owner whose property has been either physically taken, or rendered useless through zoning regulations under Michigan law? The answer is yes; a property owner may assert an inverse condemnation claim in limited circumstances. A claim for inverse […]

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The Michigan Condominium Act: Some Important Takeaways

  • June 20, 2016
  • by Admin

In Michigan, condominium developments are regulated by the Michigan Condominium Act, MCL §559.101 et seq. (“The Act”). The Act was adopted in 1978 and provides detailed regulations for most aspects of condominium living, including selling, voting, financing, assessing, and terminating a condominium association and its units. […]

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How to challenge the re-zoning of property in Michigan

  • June 8, 2016
  • by Daniel P. Dalton

Michigan law provides that local governments have the power to re-zone property under a rather broad set of criteria.  Can a property owner challenge the re-zoning?  The answer is yes, but, be aware of the case law and its unique nuances when making the judicial […]

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When zoning enforcement goes too far

  • January 17, 2016
  • by Daniel P. Dalton

When does a community go too far in enforcing its zoning ordinances?  A recent Michigan Court of Appeals decision answered this question in a recent case where a Township sought a court Order to remove three buildings built without zoning permits and not only lost, […]

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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.