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Spring 2021 Celebrating 40 years... providing competent professional legal representation. Helping people by delivering compassionate service to individuals in estate planning, all business related matters including business succession, and vigorous defense to those accused of serious criminal offenses. in 1963, the families crafted an agreement with the county, allowing co-habitation as neighbors. But in 2017, the county began making attempts to take the property from the families. The county threatened to take the gate keys from the family, change the gate lock, condemn their property and issue Eminent Domain in order for them to take their property without any cause or reasoning. The family sued the county and won in court in 2017. Two years later, after learning the last living member of the original signors, Edmund Talanda Sr., had died, the county pounced on the family again, claiming “first right to purchase,” per its interpretation of the agreement between the original family owners and the county when the park opened in 1963. The families filed a second lawsuit against the county to prohibit an unconstitutional taking of property, and for violating the Open Meetings Act. The families won that lawsuit in Kalamazoo County Circuit Court. Randall Levine Advocates for Family’s Right to Keep Property From Being Taken by Now, in 2021, Levine continues to help these families defend their property from the county. Kalamazoo County For the past few years, Managing Partner Randall “These are supposed to be our best years,” said Levine has worked with the Talanda/Johnson Judy (Johnson) Heeter. “We never dreamed of families in a land dispute with Kalamazoo County. spending our retirement money and committing so Despite the ongoing court battles and attempts much time to save our cottage. But we’ll fight until to take the family’s sliver of land in the northeast the end to hold on to it.” corner of the county’s Prairie View Park, Levine continues to advocate for the family’s right to keep Levine believes the people of Kalamazoo County their property, which has been family owned for deserve to be informed on what the Kalamazoo over 70 years. County Board of Commissioners is doing with their taxpayer dollars. “They have paid taxes for many years on a small little slice of property that’s at the very far north “It’s government at its worst because elected end of the park,” Levine said during a live interview representatives, the county commissioners, have on WKZO’s Kalamazoo Mornings With Ken forgotten who their constituents are, who they Lanphear. “They were there first. They were there represent – the people, the citizens of Kalamazoo,” before the county.” Levine said. “The county commissioners have decided to spend our taxpayer dollars in trying to The property, which sits along Gourdneck Lake, grab this piece of property from its rightful owners has been in the Talanda/Johnson family since when these folks have a constitutional right not to 1949 – 14 years prior to the opening of the county have their property taken without due process and park. When the county created Prairie View Park without paying fair market value.” Levine-Levine.com guidelines that are reflective of their own needs and their employees’ needs, to make sure everyone is safe in their establishments. “There are some employees in businesses who are very concerned about their health and well-being, people who are working in business places who have sensitive health issues or have autoimmune diseases,” she told FOX 17. “It’s going to be up to these businesses to say this is our preference and the willingness of those clients and customers to COVID-19 Mask and Vaccine Mandates in the comply.” Workplace As employees return to the office for in-person In May 2021, the Centers for Disease Control work, Levine & Levine Attorney Anastase Markou and Prevention, Michigan Governor Gretchen spoke with national media outlets about whether Whitmer and the Michigan Department of Health business employers can require their employees to and Human Services lifted mask guidelines for get the vaccine as it becomes readily available. fully vaccinated people. Levine & Levine Attorneys at Law Partner Sharan Levine shared with FOX In Michigan, Markou was interviewed by WILX, in 17 that she was thrilled, but explained that some Lansing, and WNEM, in Flint, about the potential businesses are choosing to keep mask rules amid for the vaccine to be a major factor in workplace the loosened mandate. health and safety. Additionally, Markou was featured on KLFY-TV in Lafayette, Georgia; WMAZ- “I think this news feels like a holiday, and we TV in Macon, Georgia; and KAUZ-TV in Wichita should all have a celebration. It’s been a very Falls, Texas long time coming,” Levine told FOX 17 during an interview on Friday, May 14. “I think that it will have “The federal law requires employers to provide a big impact for businesses with the hope that they safe and healthy work environments for every can return to some sense of normalcy.” employee. Absolutely required under OSHA. That means in certain types of environments, they’re Levine said the pandemic has been “extraordinarily going to have to require employees to take the difficult” for her clients. She represents several vaccine,” Markou said during his media interviews. local businesses and has been helping them stay afloat throughout all the state-mandated Markou said he expects the vaccine will be restrictions and temporary pauses. Some survived. mandatory in the medical field and jobs with a lot Others didn’t. of personal interaction, like the restaurant industry. However, Levine recommends looking at the new “It sounds like it’s just legal battles waiting to rules closely. happen. It’s going to have to be. This is really going to push the limits of the law on what OSHA “I think we have to be really cautious about what requires employers to do and it’s going to push the the CDC said and what Governor Whitmer just law on what kinds of exceptions employees are said. There’s some nuances to this. If you’re allowed to use,” Markou said. vaccinated, you’re more liberated,” Levine said during a Zoom video interview with FOX 17. “The point is that people need to be mindful that both of these rulings came down, if you will, these new (regulations), but the exception is for businesses and state, local, and tribal government units. They are able to make their own rules and set their own guidelines.” Levine suggested that going forward, restaurants and businesses should implement rules and 2 Levine-Levine.com Spring 2021 Sarissa Montague Wins Abortion Ruling with the Michigan Court of Appeals Criminal Defense Attorney Sarissa Montague won her second Michigan Court of Appeals case where she argued on behalf of a minor seeking a waiver of parental consent for an abortion. Montague argued to reverse the decision of Sarissa Montague Randall Levine Tells FOX 17 Trump Lawsuit in a state Family Court, which denied her client’s Michigan is a ‘Spaghetti Lawsuit’ right to waive parental consent for an abortion. Based on court testimony by a preponderance Managing Partner Randall Levine weighed in on of evidence, Montague argued that her client, a an election fraud lawsuit filed in Michigan by the teenage girl, was sufficiently mature and well- Trump Campaign in November 2020, referring to it enough informed to make a decision regarding as a “spaghetti lawsuit.” abortion independently of her parents or that it is in her best interest to make this decision “This lawsuit is simply a rehash of baseless claims independently of her parents. that have already been rejected by four courts. It’s in the most polite way, nonsense,” Levine The Michigan Court of Appeals agreed with told FOX 17. “It’s what we sometimes jokingly as Montague’s argument, stating that Montague’s lawyers refer to as a ‘spaghetti lawsuit.’ Let’s throw client is sufficiently mature and well enough a bunch of spaghetti against the wall and see if it informed to make a decision about abortion sticks. One of those strands of spaghetti thrown independent of her parents, and that a waiver is the claim that the people couldn’t observe, would be in her best interest. Therefore, the Court they were too far away, yet, on the other hand, of Appeals issued an order that vacates the lower they were close enough to be able to observe court’s order, and granted Montague’s client the irregularities.” right to petition for waiver of parental consent for an abortion. The Trump campaign had filed a lawsuit in the Western District of Michigan on Veterans Day, Nov. “This is an important Michigan Court of Appeals 11, and asked to stop the certification of results case that institutes the rights of minors seeking until the election process can be reviewed. They legal abortion without parental consent,” claimed irregularities and unlawful vote counting Montague said about her latest victory in the in a state the president lost by nearly 150,000 Michigan Court of Appeals. “As a criminal defense votes. The president’s lawyers said Republican lawyer, we are called to defend the rights of those challengers were impeded in watching the who find themselves in unfortunate circumstances. processing and counting of ballots at the TCF When it comes to controversial topics, such as Center in Detroit. They also claimed some election abortion, we have to see beyond our personal officials altered the date some ballots were beliefs and experiences, and put those who ask for received. our help at the forefront and look into what is best for them, including minors.

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