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Douglas R. Kelly

Member
fax +1 248.988.2337

Doug Kelly is an innovative problem solver for his clients in both the public and private sector. He has substantial experience in real estate, environmental, and energy matters where he regularly advises, manages, and litigates complex and high-stake matters on behalf of his clients.

Doug also represents private sector businesses in real estate, business, franchise, contract preparation, breach of contract claims, trademark infringement and claims arising under the Uniform Commercial Code (UCC). In addition, Doug works with public sector clients in the areas of water resources, environmental compliance, easements, eminent domain, land use regulation, contracts and litigation. He has significant experience in state and federal administrative tribunals, state and federal trial and appellate courts.

Education

J.D., University of Detroit Mercy School of Law, Detroit, Michigan, 1993, Recipient of Presidential Scholarship for Academic Achievement
B.B.A., Eastern Michigan University, Ypsilanti, Michigan, 1987

Recognitions

Best Lawyers in America – Commercial Litigation

DBusiness Top Lawyer

Michigan Super Lawyer

Memberships

ABA Section on Environment and Energy

ABA Section on Franchising

International Right of Way Association

International Franchise Association

Michigan Association of County Drain Commissioners

Novi Chamber of Commerce, Vice Chair

Oakland County Bar Association

State Bar of Michigan

Languages

English, Spanish

State Bar Licenses

Michigan

Court Admissions

U.S. District Ct., E.D. of Michigan
U.S. District Ct., W.D. of Michigan
U.S. District Ct., S.D. of Indiana
U.S. Court of Appeals, 6th Circuit

Areas of Practice:

  • Environmental and Water Resources Law
    • Michigan Environmental Protection Act
    • Natural Resources Environmental Protection Act – Parts 31, 41, 91, 301, 303, 307, and 309
    • NPDES Permits
    • Phase II and MS4 Permitting
    • Clean Water Act
    • Publicly Owned Treatment Works (POTW)
    • Public Works Utilities
  • Commercial and Business Litigation
  • Administrative Law
  • Eminent Domain/Condemnation
  • Energy Law
    • Gas Exchange Agreements
    • Power Purchase Agreements
    • Energy Purchase Agreements
  • Franchise Law
  • Leases and Landlord-Tenant
  • Real Estate
  • Trademarks and Trademark Infringement
  • Business Formation

Significant Decisions:

  • Grass Lake Improvement Board v. Michigan Department of Environmental Quality, 501 Mich. 907 (2017)
  • Elba Township v Gratiot Co Drain Commissioner. 493 Mich 265, 269; 831 NW2d 204 (2013)
  • Dunkin’ Donuts Franchised Restaurants v. Mr. Omar, Inc., 2008 U.S. Dist. LEXIS 18001 (E.D. Mich. 2008)
  • Dunkin’ Donuts Franchised Restaurants v. Shrijee Investment, Inc. 2008 U.S. Dist. LEXIS 107353 (E.D. Mich. 2008)
  • Fitzgibbons v. Cook and Thorburn Drain Drainage District, 2008 U.S. Dist. LEXIS 99005 (W.D. Mich. 2008)
  • Baskin-Robbins Franchised Shops LLC v. Livonia Ice Cream, Inc., 2007 U.S. Dist. LEXIS 86938 (E.D. Mich 2007)
  • Oakland County Board of County Road Commissioners v. JBD Rochester, LLC, 271 Mich. App. 113 (2006)
  • Auctioneer Drain Drainage District v. Consumers Energy Company, 2005 Mich. App. LEXIS 2862 (2005)
  • Johnson Controls, Inc. v. Hunt Construction Group, Inc., 2003 U.S. Dist. LEXIS 27358 (E.D. Mich. 2003)
  • Lafarge Corporation v. Altech Environmental USA, 220 F.Supp.2d 823 (E.D. Mich. 2002)
  • Franklin Bank, N.A. v. Zero Plus Advantage, Inc., 2001 Mich. App. LEXIS 872 (2001)
  • Southern Michigan Beef Company v. Dean Foods Vegetable Co., 2000 Mich. App. LEXIS 503 (2000)
  • Bermuda Container Line, Ltd. v. FX Coughlin Co., FMC Docket No. 97-22, Federal Maritime Commission, July 27, 1999
  • Jerome-Duncan, Inc. v. Auto-By-Tel, LLC, 989 F.Supp. 838 (E.D. Mich. 1997)

Lectures/Seminars:

  • “Notices and the 5 Ws,”, Michigan Association of County Drain Commissioners, Summer Conference, 2019
  • “Ethics and Conflicts of Interest,” Michigan Association of County Drain Commissioners, Winter Conference, 2018
  • “Drones – A New Legal Landscape,” Michigan Association of County Drain Commissioners, Summer Conference, 2017
  • “Assessments and Apportionments,” Michigan Association of County Drain Commissioners, Winter Conference, 2016
  • “MS4 Permits,” Michigan Association of County Drain Commissioners, Summer Conference, 2015
  • “Working Effectively with Pipeline Companies,” Michigan Association of County Drain Commissioners, Winter Conference, 2014
  • “Selecting Consultants for Drain Projects,” Michigan Association of County Drain Commissioners, Winter Conference, 2013
  • “Freedom of Information Act/Open Meetings Act,” Michigan New Drain Commissioner School, 2012
  • “Applicable Environmental Laws and Regulations,” Michigan Association of County Drain Commissioners, Winter Conference, 2011
  • “Condemnation Do’s and Don’ts,” Michigan Association of County Drain Commissioners, Winter Conference, 2010
  • “Eminent Domain Update,” International Right of Way Association, 2009
  • “Resolving Problems and Disputes on Construction Projects,” Michigan Association of County Drain Commissioners, Winter Conference, 2009
  • “Enforcement of Easements,” National Business Institute, 2008
  • “Preparing the Road and Access Case for Litigation,” National Business Institute, 2007
  • “Utility Conflicts Within Drain Easements,” Michigan Association of County Drain Commissioners, Summer Conference, 2006
  • “Conflicting Property Interests,” International Right of Way Association, 2006
  • “Alternative Easement Acquisition Methods,” Michigan Association of County Drain Commissioners, Summer Conference, 2005
  • “Public Use Issues in Condemnation,” CLE International, 2004
  • “Michigan’s New Blighting Property Statute,” International Right of Way Association, 2003
  • “Construction Liens in Michigan,” 2002
  • “Inverse Condemnation,” International Right of Way Association, 1999

Publications:

  • “Clarification of Easement Rights for Drain Commissioners,” Pipeline Magazine, Vol. 15, No. 1, p. 18-19, First Quarter, 2006
  • “Eminent Domain – Environmental Contamination and Just Compensation,” Pipeline Magazine, Vol. 12, No. 3, p. 36, Third Quarter, 2003
  • Article, Annual Survey of Michigan Law: Evidence, 46 WAYNE. L. REV. 831, 2000
  • Article, Annual Survey of Michigan Law: Evidence, 42 WAYNE. L. REV. 849, 1996
  • Comment, The Jurisprudence of Government Regulation: Aiming at the Common Good, 71 U. DET. MERCY L. REV. 87, 1993
  • Casenote Constitutional Law – First Amendment – Masson v. New Yorker Magazine, Inc., 111 S.Ct. 2419 (1991), 69 U. DET. MERCY L. REV. 649, 1992