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Municipal Law News

June 26, 2023

In this issue:



   Green Energy Concept   

Proposed Changes to PACE: What You Need to Know

Laura J. Genovich and Mackenzie Almassian
(Summer Associate)

On May 24, 2023, the state Senate passed two bills, Senate Bill 302 (SB 302) and Senate Bill 303 (SB 303), proposing amendments to the current Property Assessed Clean Energy (PACE) program. PACE is a financing tool that grants commercial or industrial property owners funds to implement energy efficiency and renewable energy upgrades in their facilities. Property owners receive 100% pre-funding with no upfront costs...

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   Tobacco Sign Outside School   

Local Ordinance Adoption Preventing the Use of Tobacco and Vapor Products by Minors Under 21 Years of Age

Sarah J. Gabis

On July 21, 2022, Governor Whitmer signed into law what is known as the “Tobacco 21” legislation. This, among other things, amended the Youth Tobacco Act to raise the age from 18 to 21 for state tobacco sales and possession, including vapor products. Nonetheless, some municipalities, middle and high schools still face a significant problem with enforcement...

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   Home Foreclosure Concept   

What Does Tyler v Hennepin County Mean for Foreclosures in Michigan?

Keith T. Brown and Laura J. Genovich

On May 25, 2023, the U.S. Supreme Court issued its opinion in Tyler v Hennepin County, No. 22-166, in which the Court held that Hennepin County, Minnesota violated the Takings Clause of the Fifth Amendment when it retained the excess value of Geraldine Tyler’s home above her tax debt. The decision was 9-0 and received a lot of attention. So, what does it mean for Michigan?

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   Reasonable Accommodation Handbook   

An Employer's Introduction to the Americans with Disabilities Act

Mark T. Koerner

President George H. W. Bush signed the Americans with Disabilities Act (ADA) in 1990. The ADA is a comprehensive federal civil rights law that prohibits discrimination in employment based upon disability and guarantees access to public accommodations to individuals with disabilities.

Hundreds of ADA lawsuits are filed each year asserting violations of the ADA. As a result, it is imperative for employers to understand the ADA requires...

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Foster Swift Welcomes Associates to Municipal Practice

Keith BrownFoster Swift Collins & Smith welcomes associates Keith T. Brown and Mallory E. Reader to its Municipal & Public Entity practice group in the firm’s Grand Rapids office.

Keith practices in municipal litigation and also appellate law. Prior to joining Foster Swift, Keith served as a research attorney and then as a law clerk to the Honorable Christopher P. Yates for the Michigan Court of Appeals. He received his Juris Doctor from Western Michigan University Thomas M. Cooley Law School.

Mallory ReaderIn addition to helping local units of government with legal issues, Mallory also practices in the areas of administrative law, licensing and election campaign finance law. Before entering private practice, Mallory worked for a prominent Washington DC think-tank where she authored amicus briefs on the topics of individual rights and administrative agency power. Mallory attended the University of Notre Dame Law School where she received her Juris Doctor.







Grand Rapids






St Joseph


Foster Swift Collins & Smith, PC E-Newsletters are intended for general information for our clients and friends. This newsletter highlights specific areas of law and is not legal advice. The reader should consult an attorney to determine how this information applies to any specific situation.

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