A year’s long legal dispute continued this week in the Eleventh Circuit where the court ruled that summary judgment was improper against Thai Mediation Association of Alabama, Inc.in their lawsuit against the City of Mobile. [1] Thai Mediation Association of Alabama, Inc. (TMAA) is a Buddhist religious organization located in Mobile, Alabama. In 2015 they bought a residential property in hopes of converting it into a meditation center and allege that before purchasing the property the city gave positive feedback on their plans. However, the property is zoned for residential use and TMAA h ..read more

One of the more interesting questions to be voted on at the 2024 United Methodist Church, General Conference, is the request for “full communion” with the Episcopal Church. Discussions between both the Episcopal Church and the United Methodist Church began in 2012 and moved forward to a formal relationship that was to be voted on at the 2020 General Conference. In a  video recorded in 2019, United Methodist Bishop Gregory V. Palmer (co-chair of the dialogue committee and leader of the West Ohio Conference) chatted with the Episcopal Church’s presiding bishop, Michael Curry, about the rela ..read more

Michigan, like many other states, is moving toward more renewable and “clean” sources of energy. In fact, the Michigan legislature has proposed a goal requiring 100% clean energy production by the year 2035. However, if this goal becomes law, Michigan is far behind a pace to meet the proposed timeline. While there is debate over what should be considered a “clean” or “renewable” energy source, the chief sources are wind and solar power. Under Michigan law, a new solar or wind energy development must satisfy the zoning laws of the local municipality. In rural areas, where land for such developm ..read more

In an era where sustainability intertwines with economic development, the rise of electric vehicles (EVs) signifies a significant shift in our governments’ policy objectives, our economy, including Michigan’s automotive industry, and our transportation methods. Central to this movement is the infrastructure that supports EVs: charging stations. For Michigan landowners, the embrace of EV infrastructure is not just vital to enabling the shift toward more EVs on our roads—but also a business opportunity. However, as with any burgeoning industry, challenges arise. Let’s explore the benefits, pitfa ..read more

Business contracts are pivotal for small- to medium-sized businesses, often focusing on primary terms like pricing and deliverables. However, lurking beneath are the “boilerplate” provisions—sections that may seem standard but are anything but trivial. Contrary to popular belief, these boilerplate sections—covering damages, choice of law, notices, and more—are not mere formalities. For SMBs, they are crucial. When disputes emerge, it’s these clauses that often steer the outcome. Yet, their significance frequently goes unnoticed. In this article, we’ll shed light on the overlooked power of boil ..read more

When filing for bankruptcy, accurately identifying assets in the schedules is a critical step. Intentionally omitting an asset often results in significant legal consequences. We typically see those consequences imposed by the bankruptcy court.  They can include everything from the loss of a discharge to charges of bankruptcy fraud.  If assets that should have been disclosed are discovered after the case is closed, a bankruptcy case can be reopened, and the discharge can be revoked. In some cases, however, the consequences come in state court.  A recent decision from the Michiga ..read more

Recently, in Northstar Aggregates, LLC v. Watson Township, unpublished per curiam opinion of the Court of Appeals, issued July 27, 2023 (Docket No. 363567), the Michigan Court of Appeals pointedly rejected a lower court’s denial for a zoning special-use permit. In Northstar Aggregates, the appellant Northstar sought a special-use permit from Watson Township, the defendant, in order to operate a sand and gravel mining business on certain real property located in the Township.  Northstar applied for a special-use permit because the property at issue was zoned as low density residential; whe ..read more

In today’s digitized marketing ecosystem, influencer collaborations have transitioned from a novel tactic to a key component of brand outreach for many companies. However, as this tactic grows in popularity, so do its challenges. For marketing and advertising agencies, which often operate as the intermediary between brands and influencers, understanding this space is critical. It’s important for agencies to stay informed, themselves, and educate their clients about the maze of contractual obligations, disclosures, and regulatory compliance to maximize the potential of influencer marketing whil ..read more

In 2018, The Atlantic published an article by Jonathan Merritt entitled “America’s Epidemic of Empty Churches.” The article reported that 6,000 to 10,000 churches die each year, leaving thousands of vacant properties in their wake. This number has almost certainly risen since 2018 as a result of the ongoing collapse of several mainline denominations and the pandemic of 2020. While some churches struggle to find interested buyers, many others are finding it hard to sell for another reason—zoning. Take the recent matter involving the Presbyterian Church in Riverton, Wyoming for example. The Chur ..read more

On the second day of its October 2023 term, the Supreme Court will hear a case discussed here before, on appeal from the Fifth Circuit—Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd. The CFPB’s unconstitutional funding mechanism is the basis for denying its authority to promulgate and enforce rules.  As predicted, this is impacting the CFPB long before the Court hears or decides the case. We’ve previously predicted that the implementation of the CFPB’s Small Business Lending Rule (pertaining to Section 1071 of Dodd-Frank) will enlarge the ..read more