Michael D. Homier

Overview Affiliations Experience Communications News & Events Overview As the leader of the firms Municipal Practice Group, Mike Homier focuses his practice in the areas of municipal law, public finance, zoning and land use as well as related litigation. Mike serves as general counsel for municipalities throughout Michigan, and has extensive experience representing counties, cities, villages, townships, libraries and municipal authorities facing a wide array of different legal challenges. In this capacity, he regularly handles high profile and sensitive issues. Distance is not an obstacle to providing efficient and effective services, as Mike and his colleagues address day-to-day legal needs through the use of the telephone, video-conference, email and the Internet. Mike has successfully helped municipalities in the planning and regulation of many commercial and residential developments. In addition to his planning and zoning expertise, he has gained significant experience in public finance and has served as issuers counsel and bond counsel in several sophisticated projects. To keep on the cutting edge of this ever-changing discipline, Mike is a member of the National Association of Bond Lawyers and is listed in the Red Book. Mike is a skilled litigator who has extensive municipal litigation and prosecution experience. For many years, he was assigned as a special prosecutor by the Michigan Department of Labor and Economic Growth prosecuting occupational code violations and currently serves as lead prosecutor for many of the firms municipal clients. Regardless of the type of litigation, Mike concentrates on obtaining client-driven results working closely with the municipalitys administration to obtain the best results at the lowest reasonable cost. Honors & Recognitions Former Member of Foster Swift Executive Committee Top Lawyer, Grand Rapids Magazine, 2022 and 2023 in Municipal Law Top Lawyer, Grand Rapids Magazine, 2023 in Land Use & Zoning Affiliations Memberships & Affiliations Legal Affiliations: American Bar Association State Bar of Michigan Grand Rapids Bar Association Ingham County Bar Association ACADEMIC POSITION: Western Michigan University Thomas M. Cooley Law School, Adjunct Professor of Zoning and Land Use Planning Industry & Professional Associations: National Association of Bond Lawyers Michigan Association of Municipal Attorneys Community Involvement: Caledonia Planning Commission, Former Member Caledonia Zoning Board of Appeals, Former Member Experience Representative Matters In Pegasus Wind LLC v. Tuscola County, on April 10th, 2024, the Michigan Supreme Court upheld Tuscola County and the Tuscola Area Airport Zoning Board of Appeals (ZBA) previous decision blocking Pegasus Wind LLCs request to expand a wind farm after evidence showed that additional windmills would have posed a safety risk to aviators at a nearby airport. Homier was part of the team that represented Tuscola County and the ZBA Board and praised the courts decision. In a unanimous opinion issued April 13, 2023, the Michigan Court of Appeals held in favor of the City of East Lansing in a class-action lawsuit related to electric franchise fees. Heos v City of East Lansing, Court of Appeals Case Nos. 361105, 361138. The Court of Appeals reversed earlier decisions of the Ingham County Circuit Court, which had granted summary disposition to plaintiff James Heos and other similarly situated Board of Water and Light customers. The Court of Appeals directed the circuit court to instead enter summary disposition in favor of the City on remand. In reaching this decision, the Court of Appeals held that plaintiffs claim under the Headlee Amendment to the Michigan Constitution and his similar equitable claims were untimely because they were not filed within one year after the franchise ordinance was adopted. The Court of Appeals further held that plaintiff could not bring an action under the 1905 Foote Act because the Foote Act only applies to electric utility providers, not electric customers. Consequently, the City was entitled to dismissal of all of plaintiffs claims. The opinion is available online here. Implementing a development and finance plan for improvements to two major roads that resulted in nearly $10 million of public improvements at no cost to the taxpayers, including as the Townships bond counsel for nearly $7 million of special assessment bonds. Negotiating and implementing an action plan to avoid substantial fines levied by the EGLE for violating ground water discharge limitations. Negotiating a settlement of zoning litigation on favorable terms that also extended sanitary sewer service to an adjacent subdivision at a substantial reduction in cost to the homeowners. Getting involved in litigation arising from the Townships sewer expansion through the County Board of Public Works which had the effect of ending protracted and costly litigation. Working with the Fire Chief to achieve a lower interest rate for financing the Townships aerial platform truck saving taxpayer dollars. Communications Publications Q&A: New DOJ Rule Requires State & Local Government Websites, Apps to be ADA Accessible, Foster Swift Municipal Law News E-blast, April 22, 2024Summary Language Approved for Proposed Ballot Initiative to Repeal Renewable Energy Siting Law, Municipal Law News E-blast, January 22, 2024Eligible Municipalities Encouraged to Register in Historic Opioid Settlement, Foster Swift Municipal Law News E-blast, December 6, 2021Zoning for Dollars, Michigan Township Focus Magazine, February 2020Foster Swift Secures Major Victory for Almer and Ellington Townships in Lawsuits Brought by Wind Energy Company, Foster Swift Municipal Law News, November 8, 2018Can Your Community Get Connected to Broadband?, Foster Swift Municipal Law News, April 24, 2018 View More News & Events Speaking Engagements Small Box Discount Retailers & Big Dollar Zoning Issues, Michigan Townships Association Annual Conference, April 26, 2022Meeting Myths, Mysteries and Misconceptions, Michigan Townships Association (MTA) Conference, April 21, 2021Cost Recovery Options (And Hurdles!), Michigan Township Association (MTA), Emerging Issues in Emergency Services, September 25, 2019Alternative Energy Regulation Tips, 2018 MTA Annual Conference: Michigan Townships Association, April 25, 2018Drafting and Policing Developments, Developers and Development Agreements, 2018 MTA Annual Conference: Michigan Townships Association, April 24, 2018Contracts, Agreements & Handshakes...Oh My! Township Supervisors Professional Development Retreat, July 27, 2017 View More News Michigan Municipalities Demand Action: Support for House Bills 4027 and 4028 to Restore Local Zoning and End State Overreach in Renewable Energy Development, Foster Swift Municipal Law News E-blast, January 30, 2025Foster Swift Files Motion for Preliminary Injunction to Block MPSCs Unlawful October 10 Order, Globe Newswire, November 22, 2024Foster Swift Files Appeal on Behalf of Over 70 Michigan Municipalities to Protect Local Control Over Renewable Energy Regulations, Meltwater Newswire, November 8, 2024Grand Rapids Attorneys Listed as 2023 Top Lawyers, Grand Rapids Magazine, November 8, 2023City of East Lansing Prevails in Electric Franchise Fee Appeal, April 14, 2023Foster Swift Wins Victory for City in Marihuana Ordinance Appeal, Foster Swift Municipal Law News, July 18, 2022Foster Swift Elects EC Members for 2022, February 21, 2022