March 2019

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

Hemp: The New “Plastics”?

Hemp: The New "Plastics"?

By Gregory Gamalski, Bodman, PLC

In early 2017, the RPLS eNewsletter included an article about the new Michigan medical marijuana law and its possible implications for real estate attorneys and their clients. Over the past twelve months, other articles have highlighted specific medical marijuana issues facing these same groups. With the passage of Proposal 1 of 2018, MCL 333.27951, which legalized recreational marijuana, real estate attorneys and clients are beginning to sort through the implications. Much remains to be learned as local ordinances and state regulations are gradually adopted and refined and as the new industry develops.

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Restrictive Covenants Limiting Use of Private Park Land

Restrictive Covenants Limiting Use of Private Park LandBy John F. Calvin, Hirzel Law, PLC

In Boyle v. Huron Dunes Ass’n, COA No. 323051 (November 2015), the Michigan Court of Appeals issued its opinion affirming a lower court’s ruling in a case regarding use of private park land owned by the Huron Dunes Association, and over which each of the homeowners in the Huron Dunes Subdivision held an easement. A homeowner requested and received the Association’s permission to construct a private deck on the private park land. Boyle, another homeowner in the subdivision, filed a lawsuit for a declaratory judgment that the Association lacked authority to grant exclusive use to a homeowner of private park land over which all homeowners held an easement.

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Legislative Report

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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.

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Interested in writing an article for the e-Newsletter? Contact co-editors Glen Zatz, Samuel Kilberg at, or Pat Paruch

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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.