Local Regulations & Possible Changes to Michigan's Medical Marijuana Act |
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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
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Read more... [Local Regulations & Possible Changes to Michigan's Medical Marijuana Act]
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Digitally Retained Email Not Subject to FOIA |
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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.
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Read more... [Digitally Retained Email Not Subject to FOIA]
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Hubbard Law Strengthens Commitment to Michigan Townships |
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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.
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Read more... [Hubbard Law Strengthens Commitment to Michigan Townships]
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FCC Setting Shot Clock |
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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.
Currently, Section 332(c)(7) of the Communications Act provides that a state or local government must act on a wireless tower siting request "within a reasonable amount of time." Pursuant to the recent ruling, the FCC now interprets "reasonable period of time" as being 90 days for "co-locations" and 150 days for all other towers. If a jurisdiction fails to act, the applicant may file a claim for relief in court within 30 days of the failure to act.
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Read more... [FCC Setting Shot Clock]
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MSU Ordinance Held Unconstitutionally Overbroad |
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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?
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Read more... [MSU Ordinance Held Unconstitutionally Overbroad]
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