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

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In Gamut Group, LLC v. City of Lansing (Mich App No. 341754, March 19, 2019, unpublished), a medical marihuana dispensary sought declaratory and injunctive relief after the City of Lansing denied its rezoning application.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

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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Note to Committee Members:
Communication settings for RPLS Special Committee members have been changed to "Daily Digest." This means when a message is posted on your Committee page, you will receive the message the day after it is posted.

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Real Property Law Academy II is the continuation of a program being taught by some of the most respected and experienced Michigan real estate attorneys, each an expert in their field. The overall program (Academy I and Academy II) is designed to provide a basic understanding of the most fundamental aspects of a real estate practice. It is targeted not only for real estate attorneys, but also for other attorneys who will encounter real estate issues from time to time. The program is presented in two parts: Academy I, which recently concluded, and Academy II. Each part presents eight topics over a consecutive two-day period.

Attendance at Academy I is not a prerequisite for attending Academy II, though it is highly recommended that you attend both Academy I and Academy II to get the full benefits from the program.

Registration for Academy I materials and a link to the recorded virtual program coming soon.

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Write an Article

Interested in writing an article for the e-Newsletter? Contact co-editors Glen Zatz gzatz@bodmanlaw.com, Samuel Kilberg at SKilberg@dykema.com, or Pat Paruch pat.paruch50@gmail.com.

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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.