Five Stories That Matter in Michigan This Week – November 10, 2023

  1. Michigan House of Representatives Soon to be Divided Equally Between Democrats and Republicans

As a result of two Michigan House representatives winning mayoral races in this week’s elections, the House will soon be divided equally, 54-54, between Democrats and Republicans.

Why it Matters: A year after taking full control of the Michigan legislature for the first time in decades, Democrats will now have a harder time moving their agenda forward. Any legislation in the House will now, assuming Democrat unity, require support from at least one Republican House member. Expect greater legislative gridlock moving forward given that legislation must pass both the Senate and the House in order to be sent to Governor Whitmer for ratification.

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  1. Ohio Passes Ballot Measure; Legalizes Recreational Marijuana

Following Tuesday’s results, Ohio has become the 24th state in the nation to legalize recreational marijuana.

Why it Matters: The measure will take effect in 30 days, meaning Ohio residents over the age of 21 will be able to use, grow, or sell marijuana under the supervision of the state’s regulatory body. Additionally, individuals are allowed to possess up to 2.5 ounces of marijuana and will be allowed to cultivate up to six marijuana plans at home. Learn more.

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  1. Fraser Trebilcock Named a Tier 1 Law Firm in Lansing in Six Practice Areas for 2024

Fraser Trebilcock has received a First Tier ranking in Lansing in six practice areas by U.S. News – Best Lawyers® “Best Law Firms” in 2024.

Why it Matters: In addition to the First Tier ranking in six legal practice areas, Fraser Trebilcock has been named a Tier Two firm in Lansing for four practice areas and has also been named a Tier Three firm in Lansing for three practice areas. Learn more.

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  1. Michigan Senate Passes Package of Clean Energy Bills

Three bills recently passed by the Michigan Senate would require companies to make 100% of their energy through renewables such as solar and wind by 2040, and also seeks to reduce energy waste, among other objectives. The bills have now moved to the Michigan House.

Why it Matters: Clean energy legislation is a major priority for Michigan Democrats but is opposed by Republicans and has received pushback from many business groups, who argue the legislation would increase energy costs.

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  1. November Member Mixer in the Boji Tower

Join us for the November Member Mixer on Tuesday, November 14, at the historic Boji Tower, Lansing’s tallest and most historic building.

Why it Matters: Averaging 100+ attendees, Member Mixers occur on the second Tuesday of every month and provide an opportunity to gather and network, meet other members and business professionals and get a glimpse of a local business. Learn more.

Related Practice Groups and Professionals

Election Law | Thaddeus Morgan
Cannabis Law | Sean Gallagher
Energy, Utilities & Telecommunication | Sean Gallagher

Five Stories That Matter in Michigan This Week – November 3, 2023

  1. Michigan Senate Passes Package of Clean Energy Bills

Three bills recently passed by the Michigan Senate would require companies to make 100% of their energy through renewables such as solar and wind by 2040, and also seeks to reduce energy waste, among other objectives. The bills have now moved to the Michigan House.

Why it Matters: Clean energy legislation is a major priority for Michigan Democrats but is opposed by Republicans and has received pushback from many business groups, who argue the legislation would increase energy costs.

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  1. Fraser Trebilcock Welcomes Andrew G. Martin to the Firm

Fraser Trebilcock is pleased to welcome Andrew G. Martin to the firm’s Lansing office, focusing his practice on intellectual property law, business law, health law, and litigation.

Why it Matters: Andrew is an experienced registered patent attorney with history working in the automotive, electrical, agricultural, and medical device industries. He regularly advises startups and small businesses on the patent and trademark prosecution process, assisting clients from start to finish. Andrew also provides general business and legal governance counseling to a variety of firms and individuals. Learn more about Andrew.

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  1. Client Update: Corporate Transparency Act Report of Beneficial Ownership Information

Pursuant to the Corporate Transparency Act of 2021, beginning on January 1, 2024, most newly formed entities will be required to report to the Financial Crimes Enforcement Network information (FinCEN) about the identity of the entity’s beneficial owners and senior officers. And by the end of 2024, nearly all companies will have to report.

Why it Matters: There are roughly 1 million entities in good standing in the State of Michigan and at some time in 2024, most will need to make a beneficial ownership report to FinCEN. While there are numerous exemptions available, their application is limited to large enterprises and businesses that operate in industries that are already highly regulated. Therefore, it is important to remember that the reporting requirement will extend hundreds of thousands of entities. Learn more.

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  1. Cass County Circuit Court Rules that Growing Cannabis is an “Agricultural Operation” Under Michigan’s General Property Tax Act

HRP Cassopolis, LLC (“HRP”) owns real property located in LaGrange Township, located in Cass County, Michigan. The property, which consists of two parcels, is leased to a cannabis grower and retailer. LaGrange Township’s assessor classified both parcels as “Commercial” under the Michigan General Property Tax Act (“GPTA”). In response to the classification, HRP submitted a petition to the board of review, which denied the petition. HRP then appealed to the State Tax Commission, which also upheld the decision to classify the parcels as commercial. HRP then filed a Claim of Appeal with the Cass County Circuit Court.

Why it Matters: On appeal, the appellee argued that the assessor properly classified the property as commercial because HRP did not establish that growing cannabis is an “agricultural operation” under the GPTA. The GPTA defines an agricultural operation as “growing and harvesting any agricultural, horticultural, or floricultural commodity.” The Circuit Court rejected the appellee’s arguments and ruled in favor of HRP. The court explained that caselaw requires it to give the words in a statute their plain and ordinary meaning, and in this case, according to the court, “cannabis cultivation falls squarely within [GPTA’s] definition of an agricultural operation.”

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  1. November Member Mixer in the Boji Tower

Join us for the November Member Mixer on Tuesday, November 14, at the historic Boji Tower, Lansing’s tallest and most historic building.

Why it Matters: Averaging 100+ attendees, Member Mixers occur on the second Tuesday of every month and provide an opportunity to gather and network, meet other members and business professionals and get a glimpse of a local business. Learn more.

Related Practice Groups and Professionals

Energy, Utilities & Telecommunication | Sean Gallagher
Intellectual Property | Andrew Martin
Business & Tax | Robert Burgee
Cannabis Law | Sean Gallagher