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Bill Would Amend Procedure to Dissolve Lake Improvement Board

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Wednesday, 01 June 2011 20:10

A bill is being proposed that would amend the Natural Resources and Environmental Protection Act ("NREPA") by altering the procedure by which a lake improvement board may be dissolved.  Currently, for a public inland lake, a public hearing to dissolve a lake improvement board must be held upon petition of 2/3 of the property owners owning land abutting the lake.  This legislation would add a similar provision requiring a public hearing to be called upon petition of the property owners who have been assessed at least 2/3 of the cost of the most recent improvements, excluding the amount assessed to local units at large.  (This allows property owners whose property is not abutting the lake but who are being assessed the same opportunity to petition for the dissolution of a lake board.)


 

New Efforts to Reclassify Marihuana Under the Controlled Substances Act

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Friday, 27 May 2011 12:17

On May 24, 2011, advocacy groups filed suit in the U.S. Court of Appeals for the District of Columbia to compel the Obama Administration to respond to a 9 year-old petition to have marihuana rescheduled under the Controlled Substances Act.  Upset that it has taken the federal government 9 years to respond to the rescheduling petition, the writ of mandamus filed accuses the government of unreasonable delay in violation of the Administrative Procedures Act.  The groups argue further that marihuana is no longer a schedule one substance because its medical purpose is recognized by 16 states, has a lower abuse potential then other schedule one substances, and is safe for use under medical supervision.  If the Court of Appeals grants the relief sought, states with medical marihuana legislation could expedite the rescheduling process and eliminate potential future conflicts with the Controlled Substances Act.  For More information, please read the following article.


 

Michigan Caregiver Fights Back

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Thursday, 26 May 2011 15:23

A medical marihuana caregiver filed suit in the U.S. District Court in Grand Rapids after police raided his home last year.  An attorney for the caregiver stated that despite the rights conferred on his client as a caregiver, the police refused to allow the caregiver to prove that he was licensed and seized both the his medical marihuana and equipment.  As a result of the "illegal" search and seizure, the caregiver was forced to shut down his medical marihuana store and his patients were deprived of their medicine.  The lawsuit alleges unlawful arrest and imprisonment, malicious prosecution, excessive force, and illegal search and seizure.  Read more here.


 

Supreme Court Rules Tax Commission Decisions Can Be Taken to Court

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Thursday, 26 May 2011 13:07

The Supreme Court has struck down part of a state law that prevented an appeal of a property classification determination by the State Tax Commission.  In doing so, the Supreme Court noted that the State Tax Commission is an administrative agency whose decisions affect property rights.  Accordingly, precluding judicial review of those decisions violates the Michigan Constitution.  The ruling gives Circuit Courts jurisdiction to hear appeals from the State Tax Commission's determinations.  The State Tax Commission hears disputes on property classification matters, oversees property-tax laws, and provides advice to local assessors.


 
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