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Constitutionality of a Municipal Tree Ordinance

  • Post author:Kevin Lavalle
  • Post published:January 26, 2022
  • Post category:Real Property Law

Many municipalities have enacted local tree ordinances that must be taken into consideration prior to new construction. These ordinances are usually permit driven and require approval to remove trees from…

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Fraud in the Sale of Property

  • Post author:Kevin Lavalle
  • Post published:June 27, 2021
  • Post category:Real Property Law

Purchasers of real estate frequently claim they were misled about the condition of a property. With the sizzling real estate market, sales are rushed and due diligence is often an…

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Causation Requirements in Toxic Torts

  • Post author:Kevin Lavalle
  • Post published:January 13, 2021
  • Post category:Environment Law/Uncategorized

The Michigan Court of Appeals has offered much needed guidance to those considering pursuing toxic tort claims. That guidance, found in the case of Powell-Murphy v Revitalizing Auto Communities Environmental…

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IS CERCLA STANDING IN THE WAY OF A NEW SANDBOX

  • Post author:Kevin Lavalle
  • Post published:October 31, 2020
  • Post category:Environment Law/Real Property Law

In Atlantic Richfield Company v Christian, 140 S. Ct. 1335 (2020), the U.S. Supreme Court touched upon the ramifications of being a Potentially Responsible Party (“PRP”) under the Comprehensive Environmental…

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Damage to Trees

  • Post author:Kevin Lavalle
  • Post published:February 19, 2020
  • Post category:Real Property Law

If a tree falls in the woods, someone may not hear it, but somebody might pay for it if that tree was cut on property of another without permission. Michigan…

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Cass River Cleanup

  • Post author:Kevin Lavalle
  • Post published:October 2, 2019
  • Post category:Environment Law

I’d like to thank my team members from the Tuscola County Democratic Committee and Republican Buzz for helping me on Saturday, September 21st. You guys were awesome. We removed so…

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Henry v Dow Revisited

  • Post author:Kevin Lavalle
  • Post published:July 2, 2019
  • Post category:Environment Law

In Henry v Dow Chemical 2017 WL 239069, the Michigan Court of Appeals addressed the application of the statute of limitations to claims arising from the presence of dioxin contaminationalong…

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Michigan Zoning of Short-Term Rentals

  • Post author:Kevin Lavalle
  • Post published:April 20, 2019
  • Post category:Real Property Law

Whether deserved or not, many believe that the negative aspects of short-term rentals such as Airbnb, VRBO and Booking.com outweigh their benefits. They get blamed for a variety of problems…

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Bills seek to change way cleanups are conducted

  • Post author:Kevin Lavalle
  • Post published:March 7, 2019
  • Post category:Environment Law

Two recent bills simultaneously introduced into the Michigan House of Representatives and Senate seek to change the way that remedial action is selected. By way of background, remedial action includes…

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STORMWATER UTILITY ACT REBORN

  • Post author:Kevin Lavalle
  • Post published:February 26, 2018
  • Post category:Environment Law

In 2017, I wrote a blog post on Michigan House Bill HB 4100, which sought to create the “Stormwater Utility Act.” The proposed Act was intended to confer legal authority…

Continue ReadingSTORMWATER UTILITY ACT REBORN
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  • Buyer’s Agent Compensation Changes
  • The Cleanup Pendulum
  • Is Michigan Ready to Recognize a Claim for Medical Monitoring?
  • Michigan Seeks to Implement Inspections of Septic Systems
  • Eliminating the use of Tetrachloroethylene (PCE) in dry cleaning

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RECENT POSTS

  • Buyer’s Agent Compensation Changes
  • The Cleanup Pendulum
  • Is Michigan Ready to Recognize a Claim for Medical Monitoring?
  • Michigan Seeks to Implement Inspections of Septic Systems
  • Eliminating the use of Tetrachloroethylene (PCE) in dry cleaning
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