Attorney Daniel R. Martin's Legal Cases

Education

--- o/b/o B.H. v Wayland Union Schools - Case No. 16-00120

Jun 13, 2016

OUTCOME: Successful.

Student with disabilities was accused of sexually harassing a number of students. School officials investigated the allegations, and suspended the student after determining the misconduct was not a man ... ifestation of the student's disabilities. After the student attended a strict discipline academy for a brief period of time, the parents placed the student in a private residential school, and sought reimbursement.

Land use and zoning

Hendrix & Mulitz v Park Township - Case No. 15-4399-AA

Jun 09, 2016

OUTCOME: Successfully defended the appeal, and the Ottawa County Circuit Court upheld the ZBA's decision to grant the variance.

The Park Township Zoning Board of Appeals granted a variance to a property owner to build a new home within the existing footprint of the property owner's current home. Two neighbors who objected to th ... e variance appealed that decision to the Ottawa County Circuit Court.

Government

Park Township v Coney - Case No. HL-15-044474-OT

Oct 30, 2015

OUTCOME: Successfully resolved the case by allowing individual to plead to a civil infraction, rather than burdening individual with a misdemeanor criminal record.

Individual was driving with an expired operator's license.

Land use and zoning

Lanting v Park Township Zoning Board of Appeals - Case No. 15-004102-AA

Oct 26, 2015

OUTCOME: Successfully dismissed.

The Park Township Zoning Board of Appeals denied a property owner a variance from the setback requirements for sun room.

Real estate

King v Park Township - Case No. 13-3571-CH

Sep 17, 2014

OUTCOME: Successful. The Honorable Jon Hulsing, Ottawa County Circuit Court Judge, granted our motion for summary dispostion.

Property owners sued the township seeking title to adjacent property under the doctrine of adverse possession.

Land use and zoning

Den Uyl, et. al. v Park Township and Point West I, LLC - Case No. 11-02030-AA

Apr 28, 2014

OUTCOME: Succesfully defended the Township in Ottawa County Circuit Court. The Michigan Court of Appeals upheld the Circuit Court decision in favor of my client; the Michigan Supreme Court denied leave to appeal.

Park Township approved a planned unit development that would allow a maximum of 40 residential units and up to 80 boat slips. A group of individuals who objected to the development appealed that decisi ... on to Ottawa County Circuit Court, suing the township and the developer.

Education

Olson v Hastings Area School System - Case No. 13-429-CZ

Apr 16, 2014

OUTCOME: Successful. Barry County Circuit Court Judge Amy McDowell granted our motion for summary disposition on December 18, 2013, and denied the request for reconsideration on April 16, 2014.

School District denied FOIA request for the names of students who had been suspended or expelled by the District, citing the Family Educational Rights and Privacy Act. The person who requested the inf ... ormation sued the school district, alleging violations of the Open Meetings Act and the Freedom of Information Act.

Education

--- o.b.o. T.M. v Jenison Public Schools - Case No. 13

Jan 13, 2014

OUTCOME: Successful. After a six day hearing and post-hearing briefs, the Administrative Law Judge concluded that the District provided the student with Free Appropriate Public Education and denied the complaint.

Student was eligible for special education as a student with a disability, with the primary eligibility area being learning disabled in reading. The District provided special education services for the ... student, including the Fusion Reading programming. The student's parents objected and wanted the District to use the Orton-Gillingham method to assist the student.

Land use and zoning

Welch et al v Park Township & Jeffrey Ebihara - Case No. 08-61328-CK

Jun 03, 2008

OUTCOME: Successful. Ottawa County Circuit Court Judge Bosman ruled that slate law authorized the Township to engage in conditional rezoning. Judge Bosman also held that the Township Clerk did not err by determining that the petitions were inadequate.

The Park Township Board rezoned property and accepted the conditions voluntarily offered by the property owner to allow "Smitty Pups" to operate on Ottawa Beach Road. A group of neighbors who objected ... to the project sued the Township, claiming in part that the Township did not have the authority to conditionally rezone property because the Township Zoning Ordinance did not specifically authorize conditional rezoning. The opposition group also submitted petitions to place the rezoning referendum on the ballot, but the Township Clerk rejected the petitions as being inadequate.

Real estate

Chippewa Resort Owners Association v Park Township - Case No. 14-3719-CK

N/A

OUTCOME:

Association sued the Township over title to property. The lots in question were foreclosed upon in the early 1950s, with tax deeds issued to the Township in 1952. Unfortunately, notice was not properly ... served and recorded in the 1950s, and therefore the Township's title to the property was not perfected.

Daniel R. Martin's Legal Cases (10)

--- o/b/o B.H. v Wayland Union Schools - Case No. 16-00120

Hendrix & Mulitz v Park Township - Case No. 15-4399-AA

Park Township v Coney - Case No. HL-15-044474-OT

Lanting v Park Township Zoning Board of Appeals - Case No. 15-004102-AA

King v Park Township - Case No. 13-3571-CH

Den Uyl, et. al. v Park Township and Point West I, LLC - Case No. 11-02030-AA

Olson v Hastings Area School System - Case No. 13-429-CZ

--- o.b.o. T.M. v Jenison Public Schools - Case No. 13

Welch et al v Park Township & Jeffrey Ebihara - Case No. 08-61328-CK

Chippewa Resort Owners Association v Park Township - Case No. 14-3719-CK