Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Brownfield Legal topic
No spam. Unsubscribe anytime.
Mount Clemens hires Miller Canfield to advise on two Brownfield matters
Summary
The commission authorized engaging Miller Canfield (Jeffrey S. Arnoff) for complex brownfield matters: a reimbursement claim tied to a 2009 plan and a new application from KE Electric; staff cited 12‑year tax‑capture timing and the need to resolve DDA capture before reimbursements can be allocated.
The Mount Clemens City Commission authorized hiring Miller Canfield and attorney Jeffrey S. Arnoff to represent the city in two matters under the Michigan Brownfield Redevelopment Act: a reimbursement claim arising from a 2009 brownfield plan and a new brownfield application from KE Electric.
City staff explained the 2009 plan relies on tax increment financing and that the DDA currently captures most tax increment revenue, which complicates a developer reimbursement claim now coming forward as the 12‑year capture period expired. The city seeks counsel experienced with the statute and related reimbursement and capture issues.
City Manager Johnson and staff said the two matters were legally complex, involving overlapping captures and invoicing that had not been processed historically. The commission approved the engagement and staff asked commissioners to consider attending a Brownfield Commission hearing on the KE Electric request.
What’s next: Miller Canfield will begin review and representation; staff will provide the commission with updates and may request further direction as legal analysis proceeds.
