The Public Sector Practice of Varnum, Riddering, Schmidt & Howlett LLP is one of the broadest and most experienced in Michigan. We represent cities, townships, counties, public commissions, publicly owned treatment works (POTW), municipal electric utilities, school districts, colleges, and hospitals.

We have represented and are representing hundreds of municipalities as special counsel handling complex and specialized aspects of municipal law. Such matters involve, for example:

• environmental disputes
• labor matters
• bond counsel services
• zoning and planning
• cable TV, gas, electric, and fiber optic franchises
• interlocal agreements for the provision of fire protection, water and sewer services and other municipal services
• property tax appeals
• eminent domain
• boundary adjustments through annexations, Act 425 agreements or other means
• licensing and closure of solid waste landfills
• sale and licensing of hydroelectric facilities
• and recalls, referendum, initiative and local elections
• redevelopment

Municipalities throughout the state and beyond regularly seek our advice as special counsel. Varnum has represented municipalities in establishing sanitary sewer and water supply systems, as well as extensions and additions to such systems. As part of such representation, we have prepared the necessary resolutions and ordinances to establish the system and the rate structure to support the system. We have been involved in periodic reviews of such rates to determine that they support necessary operating and other expenses and to ensure compliance with any financing covenants.

We represent both municipal suppliers of utility services and municipal customer communities, on both a wholesale and retail basis. We have served as bond counsel in the issuance of revenue bonds to finance such projects. Examples of municipalities for which we have provided such services include the Cities of Plainwell, Grandville, Belding, Hastings and Reed City, the Village of Baldwin, and the Townships of Ada and Berlin.

The firm is past counsel to the Michigan Municipal Electric Association (MMEA) and one of its partners is the past Chairman of the Legal Section of the American Public Power Association (APPA). The firm has made numerous presentations to the APPA and other municipal groups on public power matters. We also have significant experience in all aspects of the special assessment process for water, sewer, street and similar projects. As part of such representation, we assist in all matters necessary to establish the special assessment district and confirm the special assessment roll. We provide such services to our regular municipal clients, as well as clients who retain us on a special counsel basis for such purpose. We also represent several downtown development authorities, tax increment finance authorities, economic development corporations, and local development finance authorities, both as regular and special counsel.

General Representation

We also provide general representation to municipalities on a wide range of problems and at all levels of complexity, including, the following:

• Annexations and boundary adjustments
• Land acquisition, eminent domain, and condemnation of property for various public purposes
• Environmental matters, including municipal "Superfund" liability, and licensing and closure of solid waste landfills, and pursuit of insurance coverage claims for defense costs and reimbursement
• Representation of POTWs, including development of industrial pretreatment programs, drafting interjurisdictional agreements, and NPDES permit matters such as the negotiation of permit terms with regulatory agencies
• Negotiation of franchise agreements, including cable television, water and solid waste disposal
• Negotiation of a wide range of inter-governmental contracts for the provision of water, sewer and drainage services, and development of rate structures
• Bond counsel for municipal financings for water, sewer, street, energy improvement projects, and other physical facilities, as well as industrial development projects
• Creation of municipal authorities, such as district libraries and wastewater authorities
• Working with municipal engineers and consultants in the planning, financing and construction of public utility expansions and working with staff and consultants on grant applications for various public projects
• Ordinance drafting, revision, and codification, and enforcement
  Zoning and land use planning matters of all kinds, including rezonings; variances, special uses, and other administrative approvals; planned unit developments; land use planning advice; and litigation in the trial and appellate courts when municipal actions are challenged
• Property taxation, including assessment, equalization, appeals, jeopardy property tax assessments, special assessments, seizures, and tax abatement
• Advising on a variety of election, referendum and recall matters
  Enforcement of traffic, housing, and other public safety codes
  Labor relations including the negotiation of labor agreements for police, fire and non-uniformed employee groups, participation in fact finding and compulsory arbitration procedures, and handling strikes, wrongful discharge, and employment discrimination matters

Professional Affiliations

The firm's lawyers maintain membership and actively participate in leadership positions in a variety of professional organizations including the Michigan Municipal League, the Michigan Association of Municipal Attorneys, the Michigan Township Association, the Michigan Association of School Boards, the Municipal Advisory Council of Michigan, the National Association of Bond Lawyers, the American Planning Association, the American Public Power Association, the Michigan Municipal Electric Association, the American Waterworks Association, and the Public Corporation Law Section of the State Bar of Michigan.