In Flinckinger v Van Buren County Road Commision et al, unpublished opinion per curiam opinion of the Court of Appeals, issued February 2, 2010 (Docket No. 289701), the Court of Appeals held the Kal-Haven snowmobile trail did not qualify as a "highway" under the statutory definition for purposes of Government Tort Liability Act.

In Flinckinger, the Plaintiff was injured when his snowmobile hit a fallen tree lying across the Kal-Haven Trail.  The Plaintiff filed suit alleging the Defendants were grossly negligent and/or negligent for failing to inspect, maintain, and discover the fallen tree.  In their answer, the County Road Commission asserted the Plaintiff's failure to plead the avoidance of the Governmental Tort Liability Act and moved for summary disposition.  In response to the Road Commission's motion, the Plaintiff informed the court they were not basing their tort claim on the highway exception to governmental immunity but on the recreational use act. 

The trial court found the recreational use act was inapplicable, did not create an additional exception to the governmental immunity act, and only limited the liability of landowners.  Shortly after the court's opinion on the Road Commission's motion for summary disposition, Van Buren County filed its motion for summary disposition arguing that the recreational use act did not create an exception to governmental immunity and cited Ballard v Ypsilanti Twp, 57 Mich 564, 576; 577 NW2d 890 (1998).  The trial court agreed with the defendants and found there was no liability on behalf of the defendants. 

On appeal, the Court of Appeals limited its analysis to whether the Lake-Haven Trail qualifies as a "highway" under the statutory definition.  Analyzing the language of the statute, the Court of Appeals held ". . . both our court and the Supreme Court have held that a sidewalk, trailway, crosswalk, etc., must be "on the highway" to come within the definition of "highway," and thus fall within the highway exception."  To determine whether the trailway was on the highway, the Court of Appeals said they must look at the proximity of the trail to the actual highway.  In this case, the path was approximately 800 feet from the closest road and therefore was not on the highway. 

In Adkins et al v Rutland Charter Twp Zoning Board of Appeals et al, the Court of Appeals held the Township's anti-funneling ordinance prohibited owners of riparian lots from allowing the owners of non-riparian lots to use their property to access the lake for seasonal boating.  The Plaintiff property owners filed an application for interpretation and enforcement of the Township's anti-funneling statute after non-riparian owners began docking and mooring their boats on neighboring lakefront property

Michigan electors approved the legalization of medical marijuana in November 2008 and more than 10,000 individuals are now licensed to possess up to 2.5 ounces, grow as many as 60 plants, or both. 

The sale of medical marijuana is likely to raise concerns for local officials; however, the Medical Marijuana Act, codified at MCL 333.26421 et seq, provides little guidance regarding local regulation.  A recent Detroit Free Press article describes the actions municipalities are taking

On January 26, 2010, the Court of Appeals published its decision in Howell Education Association v Howell Board of Education, No. 288977.  Here, the intervenor submitted FOIA requests to the school district requesting all email correspondence to and from certain teachers.  The trial court concluded any emails generated and retained through the school district's email system were public records subject to disclosure.  The Court of Appeals reversed holding that teachers' personal emails were not public records under FOIA on the basis they were captured in the school district's digital memory.

The Hubbard Law Firm has joined the Michigan Township Association's Allied Service Provider Program.  Hubbard's investment will be used to improve the overall effectiveness of township governance through more productive business practices, better education and enhanced communications.

FCC Sets Cell-Tower Siting Application Timeframe

The Federal Communication Commission has issued a declaratory ruling establishing timeframes for the processing of wireless tower siting applications.

It's inevitable. When reviewing your municipal ordinances, you will run into a provision that contains ambiguous language. This discovery will lead to a rash of questions: Does the language need to be amended? Would the ordinance be upheld by the court? Is the ordinance overbroad?

Almost every municipality across the state is experiencing budget deficits, tough employment decisions and general financial hardships; however, too few are taking advantage of federal grants that could provide much needed relief.