Case law

Wayne County v. Wayne County Retirement Commission

267 Mich. App. 230 · Michigan Court of Appeals · Sep 15, 2005

The Authority was empowered by statute “to manage and operate” the qualified airports and their facilities. 4 B. … The date established by the authority shall not be later than the approval date.

Ass'n of Businesses Advocating Tariff Equity v. Public Service Commission

173 Mich. App. 647 · Michigan Court of Appeals · Dec 19, 1988

The Legislature here clearly provided for appeals of psc cogeneration approvals and even for their stay by a *662 reviewing court. … It is to perform this very estimation process that the U-6798 methodology was established.

Smith v. Motorland Insurance

135 Mich. App. 33 · Michigan Court of Appeals · Jun 4, 1984

Both parties were sent a list of the names of nine individuals qualified to serve as arbitrators. … The Supreme Court’s decision in DAIIE v Gavin clearly limits judicial review of alleged errors of law in arbitration decisions to those which appear on the face of the award. 416 Mich 443 , citing Howe v Patrons’ Mutual Fire

Woodman v. Miesel Sysco Food Co.

254 Mich. App. 159 · Michigan Court of Appeals · Feb 20, 2003

sure whether an employee’s leave qualifies it has the burden to inquire *173 further.” … The legislative history of the fmla shows that Congress clearly contemplated that “heart attacks” and “heart conditions” would fall within the definition of “serious health condition.”

Centennial Healthcare Management Corp. v. Department of Consumer & Industries Services

254 Mich. App. 275 · Michigan Court of Appeals · Feb 20, 2003

Defendants argued that Centennial could not “immunize” itself from disclosure by characterizing I & A reports as peer review material. … A review of the report clearly shows that it is not simply a recitation of Westgate’s I & A reports.

Martin v. Beldean

248 Mich. App. 59 · Michigan Court of Appeals · Jan 10, 2002

This language clearly shows that, had the developer intended to establish a valid dedication of Outlot A for public use, it could have easily done so. … Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm, 236 Mich App 546, 550 ; 600 NW2d 698 (1999). The property interest may be legal or equitable. Id.

People v. Bellanca

20 Mich. App. 1 · Michigan Court of Appeals · Jun 26, 1970

the following relevant particulars: *4 The provision, § 4, 5 prohibiting the judge and others connected with the inquiry from publishing any statement pertaining’ to any information or evidence involved in the inquiry was qualified … We cannot, however, read § 6a as conferring upon a witness a statutory right to have a transcript of the testimony of any witness other than himself. *8 The words “such witness” and “such witness only” in § 6a clearly refer

RCA Service Company Division, RCA Corp. v. Department of Treasury

135 Mich. App. 807 · Michigan Court of Appeals · Jun 28, 1984

responsible for the installation, service and maintenance of the equipment leased pursuant to the agreement and could satisfy said responsibility through their own employees, by contract with Service or by contract with a qualified … In this case, the testimony before the Board of Tax Appeals clearly established that Consumers and Storage were not obligated to contract for maintenance services with RCA’s service division.

In Re Wentworth

251 Mich. App. 560 · Michigan Court of Appeals · Sep 10, 2002

Statutes are presumed constitutional, and courts must construe statutes as constitutional unless the unconstitutionaiity of a statute is clearly apparent. … We find that the trial court committed no eviden-tiary error because it correctly held that the witness was not qualified as an expert.

Central Advertising Co. v. Department of Transportation

162 Mich. App. 701 · Michigan Court of Appeals · Sep 8, 1987

. *706 (e) Arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion. … Const 1963, art 7, § 1 provides that "[e]ach organized county shall be a body corporate with powers and immunities provided by law.” An organized township is a "body corporate.” Const 1963, art 7, § 17.

Lisa Marie Neilson v. Board of State Canvassers

Michigan Court of Appeals · Jun 17, 2024

A “clear legal right” is a right that is “clearly founded in, or granted by, law; a right which is inferable as a matter of law from uncontroverted facts regardless of the difficulty of the legal question to be decided.” … Signature comparisons shall be made with the digitized signatures in the qualified voter file.” MCL 168.552(13).

Cannarbor Inc v. Department of Treasury

Michigan Court of Appeals · Dec 16, 2025

MCL 333.27102(l), and a “provisioning center” as “a licensee that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying … Several provisions in the MRTMA clearly state that they do not apply to medical marijuana use or facilities.

Shinholster v. Annapolis Hospital

255 Mich. App. 339 · Michigan Court of Appeals · May 6, 2003

Clearly, a person who does not follow her doctor’s orders and who therefore maintains a high blood pressure is contributing to her own death. … Clearly, they do not. Indeed, Medicaid payments are simply not listed in the statute.

Owen R Schroeder v. County of Muskegon Dhs

Michigan Court of Appeals · Mar 23, 2023

A court should grant a motion under MCR 2.116(C)(8) only when the claims alleged are “so clearly unenforceable as a matter of law that no factual development could possibly justify recovery.” Id. … were entitled to absolute immunity pursuant to Martin.

People v. Otler

51 Mich. App. 256 · Michigan Court of Appeals · Jan 16, 1974

Once defendant established his inability to retain counsel, an attorney was appointed at public expense. … However, he clearly indicated on cross-examination that he would be prepared to pay the sum of $105 for the two items.

Parker John Surbrook v. Michigan State Police

Michigan Court of Appeals · Mar 11, 2026

“A motion under MCR 2.116(C)(8) may only be granted when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” Id. … “When reviewing a motion for summary disposition premised on immunity, this Court examines the affidavits, depositions, admissions, and other documentary evidence to determine whether the moving party is entitled to immunity

People v. Murphy (On Remand)

282 Mich. App. 571 · Michigan Court of Appeals · Mar 3, 2009

Approximately seven months later, a witness observed the defendant standing near a dry cleaning establishment holding a large brown bag. … Rather, Judge Thomas clearly ruled that if the prosecutor had “something else that might make it both relevant and material, then it’s in.”

People v. Parney

98 Mich. App. 571 · Michigan Court of Appeals · Dec 10, 1979

established.” … (See pertinent portions of the autopsy report.) 2 _ *584 We find that the record does not clearly establish the fact that Ms. Kurtz was conscious of impending death when she made the taped statement.

Venable v. General Motors Corp.

253 Mich. App. 473 · Michigan Court of Appeals · Oct 22, 2002

While the McDonnell Douglas decision allowed its framework to be adapted to different types of discrimination or different types of “adverse employment action[s]” (Town, supra at 695 ), Allen clearly departed from McDonnell … Third, according to the evidence in this case, plaintiff was otherwise qualified for his position. Id.

in Re Mgr

Michigan Court of Appeals · Feb 27, 2018

The trial court did not clearly err by declining to terminate putative father’s parental rights. … To qualify as a “do something” father, a putative father must demonstrate that he has either (1) established a custodial relationship with the child, or (2) provided substantial and regular support or care, within his ability