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Emerging Issues and Cases in Public Law Lori Grigg Bluhm

Emerging Issues and Cases in Public Law Lori Grigg Bluhm. Public Bodies (Open Meetings Act- including quorum groups) Public Records (Freedom of Information Act- including e-mails; Howell and Quon cases) Public Assemblies (2nd Amendment) Public Forums (Protests, Orderly Meetings, etc.).

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Emerging Issues and Cases in Public Law Lori Grigg Bluhm

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  1. Emerging Issues and Cases in Public Law Lori Grigg Bluhm • Public Bodies (Open Meetings Act- including quorum groups) • Public Records (Freedom of Information Act- including e-mails; Howell and Quon cases) • Public Assemblies (2nd Amendment) • Public Forums (Protests, Orderly Meetings, etc.)

  2. The Mechanics of Ethics Randall L. Brown A) Know the regulatory sources B) Seek professional advice C) Explain and abstain D) Abstention vs. duty to vote E) Status of official with conflict F) Integrity of public body’s decisions G) OMA/FOIA issues

  3. Michael P. McGee 1. Continuing financial stress that will manifest in various legal disputes over money: • Property tax declines notwithstanding, an increasing flow of valuation disputes at MTT. • More "disappointed vendor" sorts of claims from disappointed bidders. • Resistance to proceedings which have been (more or less) routine: SADs, bond notices. • More press for IGAs, but not (yet) enough help from Lansing on PA7, PA8, PA312 constraints.

  4. Michael P. McGee (continued) 2. Millage results are a mixed bag. Compare Troy experience with the Center for Michigan analysis of tax proposals statewide -- reasonable levels of success. • Just because banks don't want to lend, that doesn't mean developers don't develop ...they simply walk down the street from the bank to city hall and say, "hey, you can front the money for my development, which will provide jobs, jobs, jobs and tax money!" Legal and financial risk v political attractiveness. 4. There may be more cases on the question of just what is a fee and what is a tax, cf., the GCDC/Grand Blanc case.

  5. Michael P. McGee (continued) 5.The feds have become much more muscular in the muni space over the past 18 months on account of the credit market crash: • IRS now has about 100 bond auditors looking at bond issues. Ten years ago: 0. Those 100 are going to do something. • Build America Bonds and RZEDBs (tax credit bonds) will be primary IRS focus in near term. Expect a letter. • SEC doesn't want to be left out ...has announced major initiative in looking at disclosure practices of local governments. • What does your website say? • SEC and IRS for the first time have announced joint muni enforcement efforts. • On August 18, New Jersey became the first governmental unit charged by SEC with securities fraud (disclosure of pension liabilities) ...wave of the future? • The city attorney will be nudged more toward the corp counsel role in reporting company securities offerings and in capital market regulation generally.

  6. Stephen K. Postema Michigan Medical Marihuana Act • Preemption Issues • Zoning Issues • Regulatory Issues • Dispensaries • Right to Farm Act Issue • People v Redden No Governmental Immunity/Sidewalk Cases • Robinson v City of Lansing Legislative Issues

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