Peter A. Poznak Attorneys
Born Midland, Michigan, April 3, 1952; admitted to bar, 1977, Michigan; 1978, U.S. District Court, Eastern District of Michigan; 2000, U.S. District Court, Western District of Michigan.
Education: Bachelor of Science, 1974, Western Michigan University; Juris Doctor, 1977, Valparaiso University.
Practice Areas:
Professional Organizations: Midland County Bar Association; State Bar of Michigan; Michigan Association of Municipal Attorneys; Michigan Township Association.
Representative Cases:
Mr. Poznak's practice concentrates on litigation of civil matters in all courts in the state and representation of municipal units of government and governmental authorities. Substantive issues litigated involve business and corporate relationships, land use, insurance coverage, contract and municipal issues. Acting as general counsel for municipal clients, Mr. Poznak advises on operations, governance, initiation and expansion of public improvements such as water systems, assessment districts, municipal legislation and ordinance enforcement. This experience is further applied to counseling private clients to achieve their land use objectives. The following representative cases illustrate the issues addressed and resolved through Mr. Poznak's practice.
Township v Billboard Company. Represented township in action to limit extent of billboards constructed by Billboard Company. Successful in trial court and Court of Appeals, published opinion, holding that state Highway Advertising Act did not preempt local units of government from adopting billboard regulation more restrictive than state law. Judgment entered for relief as requested in initial complaint and billboard removed. (2005).
Mortgage Borrower v Lender. Represented plaintiff borrower in action to have declared unlawful certain provisions in residential first mortgage loan. Offending provision charged prepayment penalties in excess of state law. Client successful in obtain full refund of prepayment taken by lender when borrower refinanced, attorney fees and costs under state law provisions, including Consumer Protection Act. Operative key issued decided in state Court of Appeals, published decision, holding the prepayment penalty in mortgage documents violated state usury statute. (2002)
Former Employer v Employees. Represented former employees of accounting firm in action to enforce non-competition agreements and "anti-piracy" agreements. Trial court dismissed the complaint and employer appealed. Resolution of matter by Court of Appeals, published opinion, set precedent which remains controlling of key points of employee - employee relations and confidential information in licensed professions. (1991)
Township v Property Owner. Enforcement action by Township to enjoin use of land contrary to zoning ordinance. Trial Court held for property owner, Court of Appeals, published opinion, held that violation of zoning ordinance was nuisance per se and proof of nuisance in fact not required. Court of Appeals also held that Right to Farm Act did not protect commercial apiary where apiary was not part of farming activities existing at adoption of ordinance. (1990)
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