Where your business has open accounts with customers, it is important that any attempts at collecting payment be made timely. Although the normal rule allows breach of contract actions to be commenced within six years, where the breach of contract on an open account is based on the sale of goods, it must filed within [...]
One of the bedrock principles of Michigan property law is that property held jointly by husband and wife is protected from the claims from one spouse’s creditors. However, a recent federal court ruling has significantly undercut this important property right. In a recent opinion, the Sixth Circuit Court of Appeals (available at http://www.law.justia.com/cases/federal/appellate-courts/ca6/10-1498/11a0580n-06-2011-08-18.html) ruled that [...]
In zoning parlance, a non-conforming use is a property use that would violate the current zoning regulations, but which existed before the current zoning regulations were in place. One might also say that the existing use of the property is “grandfathered.” In order to be recognized as a non-conforming use, the property owner must show [...]
The Michigan Attorney General, Bill Schuette, recently issued an opinion (available at http://www.ag.state.mi.us/opinion/datafiles/2010s/op10340.htm) concerning three issues posed by the Michigan Medical Marihuana Act (MMMA): (1) Whether the Michigan Smoking Ban applied to Marihuana; (2) Assuming that the Smoking Ban does not apply to Marihuana, does the MMMA’s prohibition on public smoking apply to food service [...]
Under the common law systems that have developed in Great Britain and the United States, real property has been held in high esteem. Land, due to its uniqueness, and scarcity has unique doctrines that the law only applies to it. Tort law and property law often collide with each other. Personal and real property often [...]
In this two part series we will discuss the contract remedy of unjust enrichment. This first installment will explain the basic concept of unjust enrichment. Part two will discuss how to plead and calculate unjust enrichment. For those not familiar the intricacies of the legal world, legal jargon may seem like a foreign language (and [...]
Last week, Governor Snyder signed a new law permitting certain liquor licensees to apply for and obtain a new “catering permit” (MCL 436.1547). The catering permit allows existing licensees to provide and serve liquor at private off-site events. Previously, even if a licensee was providing food service at an off-site event, the licensee could not [...]
The Michigan Legislature has passed a bill which bans smoking in almost all indoor public venues. This ban has been in the works for a long time; many other States have already enacted similar laws. Governor Granholm is expected to sign the bill into law, and it will go into effect on May 1, 2010. [...]
If you are purchasing a Michigan business, then you need to be aware of Section 22 of the Michigan Employment Securing Act. If you are not aware of how Section 22 can affect you transaction, please read the article “SUCCESSION TO MICHIGAN UNEMPLOYMENT TAX EXPERIENCE ACCOUNT OF PURCHASED MICHIGAN BUSINESS” by Steve Dunn. Click here [...]
When real property is transferred in the state of Michigan, both state and county transfer taxes are assessed based on the purchase price of the property. Transfer taxes are imposed when a deed transferred the ownership of land from one entity to another. However, until recently, the transfer tax did not apply if the buyer [...]
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