Board declines to waive legal conflict for Foster Swift on Anglesma Homes private-road documents

Attorney Leslie Abdu of Foster Swift briefed the Cascade Charter Township board on May 6 regarding a requested conflict waiver. Abdu said a Foster Swift partner has represented Anglesma Homes and had been asked to draft recorded documents related to a private-road extension in the Terra Nova development. Because Foster Swift also provides municipal counsel to the township, the firm said it must secure mutual waivers under the Michigan rules of professional conduct before acting for the developer on documents that will be submitted to the township.

Abdu told the board the work is limited to recorded documents — for example, a private-road maintenance agreement that would be recorded with the register of deeds — and that Anglesma had agreed to waive any conflict on its side. "If there is no conflict waiver, we cannot represent either party," Abdu said. She added that even with a waiver, Foster Swift could not represent either side if a dispute later became adversarial.

Multiple trustees said the optics of a municipal attorney preparing documents for a developer that will later come before the planning commission and board were problematic. Trustee comments referenced past negative experiences with the developer and warned the presence of a municipal-law firm on developer paperwork could be perceived as improper by planners and residents. Trustee Timmy explicitly said he was not in favor of waiving the conflict.

A motion to waive the potential conflict of interest was seconded and placed to a vote; the board recorded unanimous opposition and the motion did not carry.

The board did not direct further action; staff and Foster Swift were thanked for bringing the matter forward and no documents were accepted or filed as part of this meeting.