________________
YWCA
St. Joseph, MI
_________________
TPA
attorneys assist YWCA in relocating its downtown daycare
center.
by
Catherine P. Kaufman, Esq.
Troff, Petzke &
Ammeson attorneys Jeffrey R. Holmstrom and
Catherine P. Kaufman recently assisted the YWCA in
obtaining a conditional use permit to relocate its downtown
St. Joseph daycare facility. The YWCA needed to
move its daycare facility because of the pending sale of its
historic downtown St Joseph building on Pleasant Street. The YWCA wanted to
keep its daycare services downtown in order to continue to
serve it current customers along with downtown residents and
business owners.
Accordingly, the YWCA asked Attorneys Holmstrom and
Kaufman to assist them in obtaining approval from the City of
St. Joseph to move the daycare facility to 306 State
Street.
TPA's review
of the City of St. Joseph Zoning Ordinance, however, revealed
that daycare uses were not permitted in the D (Downtown)
zoning district. The current YWCA daycare facility was a
non-conforming use. Hence, Attorneys
Holmstrom and Kaufman petitioned the City for a zoning
ordinance text amendment to allow day care centers in the D
zoning district, as a conditional use. TPA attorneys
worked with City staff and the Planning Commission to craft
conditional use regulations that were acceptable to both the
YWCA and the City.
Issues that were discussed during the Planning
Commission and City staff review included: traffic, daycare drop
off and pick up,
handicap accessibility, availability of outdoor play
space, percentage of first floor space devoted to
non-commercial activities and other safety related
issues.
TPA's
responsiveness to Planning Commission and City staff concerns
enabled TPA to draft a revised zoning ordinance text amendment
to the Planning Commission and City Commission that satisfied
the City's concerns.
Following the City Commission's approval of the zoning
ordinance text amendment to allow daycare centers in the D
zoning district, TPA thereafter obtained conditional use
approval for the YWCA's daycare center.
Currently, the YWCA
is in the process of building out its new daycare space. The
YWCA will relocate its existing facility to the State Street
location in a few months.
TPA attorneys
routinely assist clients in obtaining administrative approvals
(conditional use permits) or zoning ordinance amendments (text
or map amendments). If you have any
questions, please contact Jeffrey R. Holmstrom or
Catherine P. Kaufman.
jholmstrom@tpalaw.com
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ckaufman@tpalaw.com
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Independent Contractor versus
Employee
by
Brian P. McMahon,
Esq.
The State of Michigan has
recently formed the "Interagency Task Force on Employee
Misclassification." This task force was created to
investigate businesses suspected of "misclassifying" their
workers as "independent contractors" when the worker is
legally an "employee." If you are a business that
utilizes the services of "independent contractors" you should
Read
More.
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____________________
LEGAL NOTICE
The Troff, Petzke & Ammeson
Newsletter is published as a free service to our clients and
friends. The articles in our Newsletter are for general
information and cannot be relied upon as legal advice or
opinion. It is simply not possible to provide competent
legal advice without knowledge of the specific facts attendant
to any given situation. Therefore, if you have questions
regarding an article in our Newsletter you are encouraged to
contact the author to discuss the topic further.
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| Greetings!
Troff, Petzke
& Ammeson is pleased to announce the August 1, 2008
opening of our new office in downtown New Buffalo.
Troff, Petzke & Ammeson has served Southwest
Michigan families and businesses since 1880. The
addition of a New Buffalo office will
enhance our ability to serve our clients
and further demonstrate Troff, Petzke & Ammeson's
long-standing commitment to Harbor Country and all of
Southwest Michigan.
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Bad Reception:
Federal Regulation of
Condominium
Association Restrictions on
Antennas
by Stephen W.
Smith, Esq.
Following the passage
of the Telecommunications Act of 1996, the Federal
Communications Commission ("FCC") issued rules limiting
restrictions imposed by public and private entities on
individuals' use of "over-the-air reception devices"
("OTARD") - antennas, including dish antennas, which
receive video programming via television, satellite or
broadband radio (wireless cable) broadcasting, which
receive or transmit fixed wireless data signals. Known as the
OTARD rules, they generally prohibit restrictions
imposed by, among others, condominium associations,
which impair or impede the installation, maintenance and
use of such antennas.
To
fall within the coverage of the OTARD rules, an antenna
must be located on property owned or rented by, and
within the exclusive use or control of, its user. Furthermore, the
rules only cover antennas up to one meter (39.37 inches)
in diameter or diagonal size, with the exception of
television broadcast antennas which are not limited by
size. If an
antenna does fall within their coverage, the OTARD rules
prohibit any regulation or restriction which
unreasonably delays or prevents, or unreasonably
increases the cost, of the installation, maintenance or
use of that antenna, or which precludes the antenna's
reception or transmission of an acceptable quality
signal.
This article
discusses the limitations which the OTARD rules impose
on condominium associations and the regulations which
they are considering issuing - or have already issued -
restricting the ability of association members to
install, maintain or use antennas. (Read
More...)
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TRANSACTION COSTS ASSOCIATED WITH SELLING
YOUR HOME
by Bennett S.
Schwartz, Esq.
In order to
avoid a potentially unpleasant surprise regarding your
closing costs at the conclusion of your residential real
estate transaction, inquiry should be made with a real
estate attorney with respect to your anticipated closing
costs early on in the process. Once the
contract is signed for the sale of your home, it is
likely too late to do anything about these subsequently
discovered costs, or to renegotiate with your
Buyer. Some
of these costs to consider are:
SURVEY
Usually a
Buyer will request a boundary stake survey showing all
improvements on the property. The cost
for a survey can be anywhere from several
hundred dollars to in excess of one thousand
dollars.
This is a negotiable cost, and there is no legal
requirement that the Seller automatically be responsible
for this payment.
Your real estate attorney can evaluate your
contract in totality and advise you as to the
appropriateness of attempting to allocate this survey
cost to your Buyer.
HOME
INSPECTION
A Buyer will
often negotiate for the right to have certain
inspections done with respect to the property. These might
include a generic home inspection of the structure;
mechanical systems, etc.; pest inspection; inspection
for lead based paint and other environmental
hazards;
and, where applicable, a well water and septic
inspection.
Generally these costs will be incurred by the
Buyer so long as the undertakings for these inspections
are performed in a reasonably prompt manner and within
certain contractual parameters.
TITLE COMPANY
CLOSING TRANSACTION FEE
Today, most
residential real estate closings are held at a title
insurance company. This
individual will be responsible for preparing a variety
of forms incident to the closing of the
transaction.
The charges for this service continue to
increase, and now may consist of several hundred
dollars.
Again, whether the Buyer or the Seller is
responsible for the payment of this transaction fee is
negotiable.
Consequently, you should be mindful at the time
of negotiating your purchase agreement, of the potential
for shifting this fee to the Buyer or perhaps sharing
this expense equally.
OWNERS' POLICY
OF TITLE INSURANCE
This is an
insurance premium charged by the title insurance company
for the Buyer's benefit, insuring that the Buyer is
obtaining good and marketable title from you with
respect to the real property. It is generally
accepted that it is a Seller's obligation to pay for the
cost of an owners' title insurance policy. Title insurance
is expensive, and is determined based upon the sale
price of the property. A sale in the
amount of $250,000, for example, will cost the Seller
about $1,185.00.
MICHIGAN
TRANSFER TAXES
Michigan
Transfer Taxes are charges payable by a Seller. Payment of
Transfer Tax some years ago was hardly noticeable when
Michigan only required a County Transfer Tax of $1.10
per $1,000 of sale price. Unfortunately,
we now have a State Transfer Tax in the amount of $7.50
per $1,000 of sale price. This total
State and County Transfer Tax ($8.60 per $1000) must be
collected at the time of closing. While
customarily these charges are paid by the Seller,
occasionally they can be allocated to the Buyer.
In conclusion, there
are numerous other charges and expenses associated with
the sale of residential real estate. If you
have a mortgage on the property, the mortgage balance
will need to be paid off and taken out of your sale
proceeds at the time of closing. Real
estate property taxes will need to be prorated. A real estate
attorney should be consulted when you sell real estate
for assistance in thoroughly examining your costs
associated with the sale of real estate and guide you in
making sure that you do not pay more than what is
legally required and appropriate.
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Dissolution
of Your Business Entity
by Brian P.
McMahon, Esq.
There are primarily four reasons why a business
entity is dissolved. These are: 1.) retirement
of an owner(s) with no plan for succession; 2.) as part
of administering the estate upon the death of an owner;
3.) a breakdown in the relationship between multiple
owners; and, 4.) creditor/financial issues.
Although the fundamental process of dissolution is
similar regardless of the reason, there are unique
requirements depending on the reason including
consideration of not only business laws, but estate and
probate laws as well. The process is also
fundamentally the same whether the "business entity" is
a corporation, limited liability company or other form
of owning and operating a business.
There are two
ways to "dissolve" a business entity, namely,
"informally" and "formally." Informal
dissolution is not so much a process as it is a decision
to let the business entity "die a natural death" by
simply informing the State of Michigan and the Internal
Revenue Service that the entity is ceasing its
operations.
Formal dissolution is when an actual "Certificate
of Dissolution" is filed with the State of Michigan; the
statutory process set forth in the Michigan Business
Corporation Act ("MBCA") for dissolving a business
entity is followed; and, the necessary documents are
filed with the Internal Revenue Service.
Regardless of
whether the business entity is informally or formally
dissolved, the company needs to go through a process
called "winding up." During the
"winding up" process the assets of the business entity
are marshaled and liquidated, debts are paid and the
remaining assets, normally money, are distributed to the
shareholders/members. However, the
decision whether the business entity will be informally
or formally dissolved needs to be made before beginning
the actual "winding up" process.
Perhaps the
most important factor in choosing between informal
dissolution and formal dissolution is...(Read
More...)

bmcmahon@tpalaw.com
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