July 2019

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

Warning to Municipalities: No Spot Zoning of Dispensaries

By Sam Kilberg, Dykema Gossett PLLC

In Gamut Group, LLC v. City of Lansing (Mich App No. 341754, March 19, 2019, unpublished), a medical marihuana dispensary sought declaratory and injunctive relief after the City of Lansing denied its rezoning application. The trial court held that the city’s denial of the rezoning request was arbitrary and capricious because it did not advance a reasonable government interest. The Court of Appeals affirmed, finding that the denial of the zoning ordinance appeared “political” and was not “necessary to preserve the public health, safety, morals, and general welfare.”

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Wire Fraud Snapshot

By Anthony J. Viviani, ATA National Title Group

Wire transfers of funds are quite common in today’s real estate transactions, but they are increasingly the target of theft and fraud. Buyer’s funds brought to closing, seller’s proceeds, and funds to pay off liens are all current targets. Most commonly, the theft begins with an intrusion into an email account. From there, the fraudster gains access to not only information about the present transaction but also other personal information such as the password for online banking. In 2018, the FBI reported over $2.7 billion of losses due to cybercrimes, a 238% increase from 2014. Preventing wire fraud starts with an understanding of the various ways it can be perpetrated.

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Write an Article

Interested in writing an article for the e-Newsletter? Contact co-editors Samuel Kilberg at SKilberg@dykema.com or Glen Zatz at gzatz@bodmanlaw.com.

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We are also looking for suggested authors and topics for the Michigan Real Property Review. Please contact Chair-Elect, Mike Luberto at mluberto@Chircotitle.com for suggested topics and ideas.

The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.