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Shaun M. Johnson
Associate
Government Policy
Energy, Telecommunications and Public Utilities
Economic Development
Elections and Campaign Finance Compliance

sjohnson@dykema.com

Lansing, Michigan
517-374-9159

Education
Saginaw Valley State University, B.A.
Michigan State University, J.D.
  summa cum laude

Admitted to Practice
Michigan  2005

Mr. Johnson is an administrative lawyer primarily focusing on public utility law and complex property tax and tax incentive issues.  He regularly advises clients regarding corporate, tax, and regulatory issues involving the electric utility industry, including companies in the energy, transmission, and rural electric cooperative fields.  Mr. Johnson also assists clients with election law and Indian law matters.

While in law school, Mr. Johnson served as a Notes Editor for the Michigan State Law Review.  Prior to joining Dykema, Mr. Johnson was a law clerk for the Kent County Prosecutor's Office, and an extern with the Michigan State University General Counsel's office.  He was also a member of the Indigenous Law and Policy Center, where his work focused on tribal taxation issues.
 
Utility-Related Experience:
  • Primary drafter of legislation encouraging the establishment of "wind zones" in Michigan and incentivizing the construction of wind farms within those zones, as well as electric transmission infrastructure to service the zones.
  • Involved in every case seeking a certificate to construct transmission lines and major transmission lines under the Electric Transmission Line Certification Act, Public Act 30 of 1995.
  • Regularly advise and represent clients before the Michigan Public Service Commission on power supply cost recovery, rate, and certificate of public convenience and necessity issues.
  • Represented 800-megawatt nuclear merchant plant before the Michigan State Tax Commission regarding personal property classification issues.
  • Represented independent transmission company before the Michigan Tax Tribunal and State Tax Commission regarding several property tax appeals.
  • Represented Ford Motor Company in negotiating utility services sharing agreement for River Rouge Plant.
  • Represented Swedish renewable energy corporation in obtaining $4 million grant through Michigan's Center for Energy Excellence program.

Other Experience:

  • Served as outside tax counsel in obtaining a multi-million dollar tax credit for a local biodefense corporation.
  • Served as outside tax counsel in obtaining over a million dollars in tax incentives for a national pharmaceutical corporation's Michigan subsidiary.
  • Served as outside tax counsel in obtaining multi-million dollar state and local tax incentive package for a national corporation's call center.
  • Regularly provide clients with strategic advice in applying for incentive packages with the Michigan Economic Development Corporation.
  • Regularly represent clients before the Michigan Tax Tribunal and State Tax Commission.
  • Regularly advise clients on charitable tax status of current and proposed developments.
  • Served as outside counsel to Cure Michigan, the ballot question committee advancing 2008's Proposal 2, which amended Michigan's Constitution to allow embryonic stem cell research.
  • Part of the legal team that successfully defended candidate in the 2005 Detroit mayoral recount.
  • Successfully represented elected township official opposing recall petition.

Significant Decisions

  • Taxpayers of Michigan Against Casinos v. State of Michigan, 478 Mich. 99; 732 N.W.2d 487 (2007), upholding validity of amendment provision of Michigan tribal-state gaming compacts.

  • Michigan Republican Party v. Secretary of State, Case No. 06-631346-AW, issuing a temporary restraining order against the Democratic Party on Election Day 2006.

  • Carl F. Mengeling v. Brighton, MTT Dkt No. 329879, case of first impression holding that December board of review could change an assessment to charitable status.

Seminars and Speeches

  • 10/2005  Overview of Conflicts of Interest and State Ethics (presented by Len Wolfe), Michigan School Boards Association Fall Law Conference

Publications

  • "Shuffle Up and Deal: A Primer on Charitable Gaming in Michigan," Michigan Business Law Journal  (Spring 2006)
  • "Appeal a Property Tax Assessment for Commercial or Industrial Property,"  an online practice resource available through the ICLE Partnership (co-author, How-to-Kit)

Professional Associations

  • Member, Federal Energy Bar Association
  • Member, State Bar of Michigan Indian Law Committee
  • American Inns of Court - Michigan State University Chapter
  • Member, Ingham County Bar Association

Awards

  • Jurisprudence Achievement Awards in Advanced Criminal Procedure, Constitutional Law II, Election Law, Evidence, Federal Law and Indian Tribes, and Local Government Law.

  • Helen G. Buchanan Memorial Award for Academic Excellence

  • Dean Charles H. King Scholar

  • 2007 Distinguished Brief Award, Thomas M. Cooley Law Review, for Brief on Appeal - Intervening Appellant Little Traverse Bay Bands of Odawa Indians, Michigan Supreme Court Docket No. 129822 (regarding the validity of the amendment provision of the Michigan tribal-state gaming compacts under the Separation of Powers Clause of the Michigan Constitution)