Kevin Hirzel and Joe Wloszek Named Rising Stars By Super Lawyers

Congratulations to Kevin Hirzel and Joe Wloszek who have both been selected as “Rising Stars” by Super Lawyers for 2017. Being named as a Rising Star is a significant honor as no more that 2.5 percent of attorneys in the state are awarded the designation each year. Super Lawyers is an organization which uses peer nominations and evaluations combined with independent research to recognize outstanding attorneys in different practice areas. This prestigious designation is reserved for attorneys who are either 40 years old or younger, or attorneys who have been in practice for 10 years or less.

Kevin Hirzel is a Partner at Cummings, McClorey, Davis & Acho, P.L.C. and runs the community association practice group. He frequently represents Builders, Community Associations, Condominium Associations, Cooperatives, Co-Owners, Developers, Homeowner Associations, Investors, Property Owners and Property Managers throughout the State of Michigan. Cummings, McClorey, Davis & Acho, P.L.C. has Michigan offices in Clinton Township, Grand Rapids, Livonia and Traverse City.  Mr. Hirzel can be contacted at (734) 261-2400 or khirzel@cmda-law.com.

Joe Wloszek is an attorney with the law firm of Cummings, McClorey, Davis & Acho, P.L.C. where he focuses his practice on dispute avoidance, condominium law, commercial litigation, commercial real estate, large contractual disputes, and title litigation. He has extensive litigation and trial experience in state and federal courts involving commercial litigation issues and real estate matters. He can be reached at (734) 261-2400 or jwloszek@cmda-law.com.

Please view The Michigan Real Estate Law Blog at http://www.michiganrelaw.com for additional resources on Michigan Real Estate Law.

Michigan real estate disputes – 5 common reasons to file a quiet title action

A quiet title action is a type of lawsuit that resolves a dispute as to the ownership of real estate or resolves a dispute regarding an interest in real estate relating to somebody that may not be the owner of the real estate. Quiet title actions are often necessary to ensure that a property owner retains possession of their property and to ensure that the property owner has marketable title that can later be transferred. In Michigan, a quiet title action is authorized by statute. MCL 600.2932 provides as follows: Read more

Are Tenants Required to Strictly Adhere to “Option to Renew” Language in a Lease?

At the beginning of any landlord/tenant relationship, it is common for a landlord and tenant to execute a Lease Agreement with a defined initial lease term. In most leases (particularly commercial leases), there is also a provision that allows for an additional extension or extensions of the lease term, commonly called an “Option to Renew” provision. Historically, Michigan courts have required tenants to strictly comply with all of the requirements of the Option to Renew in order for the extension of the lease to be valid. Recently, Michigan courts have taken a less stringent approach under appropriate circumstances and looked more toward the behavior, actions or conduct of the landlord and tenant to ascertain whether an Option to Renew was properly exercised. This article gives an example of an Option to Renew provision, discusses the historical approach compelling strict compliance with an Option to Renew and discusses recent cases that hold strict compliance for an Option to Renew is no longer required in appropriate cases. Read more

Regulating Land Use: An Introduction to the Michigan Zoning Enabling Act


Introduction

            Zoning is the regulation of the use of land.  It is the exercise of police power intended to protect the public health, safety, and general welfare.  Zoning does not create divisions of land nor does it guarantee development.  Zoning constitutes an effort on the part of the designated governmental body to avoid land use conflicts between neighbors by ensuring that uses and structures are generally compatible with other uses and structures in the area.  It is a means to promote the welfare of the community by guiding orderly growth.

The Michigan Zoning Enabling Act

            In Michigan zoning is implemented and statutorily authorized under the Michigan Zoning Enabling Act, MCL 125.3101, et seq. (“MZEA”).  The MZEA was enacted in 2006 and consolidated several prior zoning enabling acts Read more

Michigan Eliminates Dower

Since 1846, Michigan has recognized a statutory right of dower in favor or women. Dower rights allowed for a widow of a deceased man to use 1/3 of the lands of her husband that were acquired during the marriage for the remainder of her life.  The concept of dower is dated and has been eliminated in many states.  At the end of 2015, the Michigan legislature passed a serious of bills that abolished dower in Michigan.  Specifically, Senate Bill 558 provides as follows: Read more

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