Resources

Michigan Professional Service Liens

  • January 27, 2019
  • W. Jay Brown
  • Comments Off on Michigan Professional Service Liens

  In December of 2018, the Michigan Construction Lien Act  (CLA) was amended to provide protection for certain design professionals. The CLA now provides specific lien rights and procedures for creating and perfecting lien rights for professional services in the…

Michigan’s Natural Flow Doctrine

Michigan’s Natural Flow Doctrine

  • June 24, 2017
  • W. Jay Brown
  • Comments Off on Michigan’s Natural Flow Doctrine

  This weekend’s major flooding in Midland Michigan is sure to raise lots of questions regarding drainage between neighbors.  Michigan subscribes to the “natural flow” doctrine which provides that higher elevation properties have a natural right to drain its water…

Don’t Pay for a Business, But Only Buy a Job!

Don’t Pay for a Business, But Only Buy a Job!

  • January 2, 2017
  • W. Jay Brown
  • Comments Off on Don’t Pay for a Business, But Only Buy a Job!

I see the ruins of a failed small business multiples times a year when either the seller or buyer is in my office looking for help picking up the pieces. The common characteristics are seller financing, few hard assets (ie…

Steps in a Felony Case

Steps in a Felony Case

  • November 23, 2014
  • W. Jay Brown
  • Comments Off on Steps in a Felony Case

If you have found yourself facing criminal charges, this can be a very worrisome time in your life. Whether this is your first encounter with the criminal justice system or not, often just the fear of the unknown in these…

How is Custody Determined by Michigan Courts?

How is Custody Determined by Michigan Courts?

  • November 8, 2014
  • W. Jay Brown
  • Comments Off on How is Custody Determined by Michigan Courts?

The general term “custody” encompasses two closely related, but different concepts: legal and physical custody. Put simply, legal custody refers to the ability to make significant decisions in your child’s life. Physical custody generally refers to where the child resides….

STEPS IN A MISDEMEANOR CRIMINAL PROCEEDING

STEPS IN A MISDEMEANOR CRIMINAL PROCEEDING

  • November 2, 2014
  • W. Jay Brown
  • Comments Off on STEPS IN A MISDEMEANOR CRIMINAL PROCEEDING

If you have found yourself facing criminal charges, this can be a very worrisome time in your life. Whether this is your first encounter with the criminal justice system or not, often just the fear of the unknown in these…

No Need to Reply to Affirmative Defenses

No Need to Reply to Affirmative Defenses

  • February 10, 2011
  • W. Jay Brown
  • Comments Off on No Need to Reply to Affirmative Defenses

One of my pet peeves relate to demands for a reply to affirmative defenses. I’ve always considered this to be a pointless and wasteful exercise. I’m annoyed when opposing counsel makes such a demand and causes my client to needlessly…

Environmentalist Victory Short Lived?

Environmentalist Victory Short Lived?

  • January 16, 2011
  • W. Jay Brown
  • Comments Off on Environmentalist Victory Short Lived?

At the very end of the 2010 term of the lame duck Democratic majority, the Michigan Supreme Court issued its 4-3 decision in Anglers of the AuSable v DEQ and provided a significant victory for Michigan environmentalists. The decision has…

Disappointed Bidders on Public Projects

Disappointed Bidders on Public Projects

  • December 1, 2010
  • W. Jay Brown
  • Comments Off on Disappointed Bidders on Public Projects

Recently, the Michigan Court of Appeals released its decision in Cedroni Associates, Inc. v Tombilson, Harburn Associates Architects & Planners, Inc. (docket # 287024, released 11/16/10) which provides new avenues for the disappointed low bidder to challenge the bid process…

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