March 2023

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

SOL Won’t Save Illegal Property Use

By Michael Vogt, Clark Hill

In Twp. of Fraser v. Haney, 509 Mich. No. 160991 (2022), the Michigan Supreme Court overturned a recent court of appeals decision which, left standing, would have allowed illegal property uses to continue indefinitely whenever municipalities failed to abate such a use within six years of the commencement of use. The court held that actions to enforce a zoning ordinance are not time-barred under the general six-year statute of limitations (MCL 600.5813) so long as the municipality commences the action while the alleged illegal use of property is ongoing.

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Real Property Law Academy II is coming to Troy!

Real Property Law Academy is a continuing legal education program offered by the Real Property Law Section with the goal of providing a basic understanding of the most fundamental aspects of a real estate practice. Each subject will be taught by some of the most respected, expert, and experienced Michigan real estate attorneys. The Academy targets both real estate attorneys and other attorneys who will periodically encounter real estate issues.

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Legislative Report

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Join a Committee!

Take the opportunity to get involved by writing for one of our publications, presenting at a conference or seminar, or joining one of the committees that cover virtually every area in real estate law. See our committees and how you can join or see the committees you're already subscribed to.

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.

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.

Can't remember where you saw that e-Newsletter article? Check the e-Newsletter article index.

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.