Case law

Marsh v. Department of Civil Service

173 Mich. App. 72 · Michigan Court of Appeals · Aug 23, 1988

A review of the evidence on file and submitted by defendants with their motion clearly reveals that plaintiff failed to establish a prima facie case of sex, race, or handicap discrimination. … Further, had plaintiff been given the Office Supervisor vi position, her immediate supervisor would have been her mother, a situation clearly against established departmental policy.

People of Michigan v. Christopher Michael Shananaquet

Michigan Court of Appeals · Aug 12, 2021

AMENDED MOTION TO SUPPRESS Defendant first alleges that he is entitled to the qualified immunity provided by MCL 722.625 for reporting his reasonable suspicion that his son was at risk of child abuse. … Defendant submits that a fair reading of the statute entitles him to qualified immunity from criminal prosecution arising from statements he made in the December 2016 letter/report to the state police and to the DHHS.

Ambro v. American National Bank & Trust Co.

152 Mich. App. 613 · Michigan Court of Appeals · Jun 17, 1986

The motion should be granted only where the claim is so clearly unenforceable as a matter of law that no factual development can possibly justify a right to recovery. … further, that if plaintiff’s performance did not meet defendants’ standards, corrective measures would be taken and, further, that if his job or position were eliminated he would be offered another position for which he was qualified

People v. McMullan

284 Mich. App. 149 · Michigan Court of Appeals · Jun 2, 2009

assistance of counsel claim fails, the prosecutor engaged in misconduct by failing to disclose McDowell’s plea agreement. 3 Under MCR 6.201(B)(5), a prosecutor has a duty to disclose the details of a witness’s plea agreement, immunity … To establish a Brady violation, a defendant must prove (1) that the state possessed evidence favorable to the defendant; (2) that he did not possess the evidence nor could he have obtained it himself with any reasonable diligence

Crystal Lake Property Rights Ass'n v. Benzie County

280 Mich. App. 603 · Michigan Court of Appeals · Sep 11, 2008

The trial court determined that the evidence established that the DNR had complied with MCL 324.78114. … from local zoning ordinances when establishing state penal institutions.”

In re Terry

240 Mich. App. 14 · Michigan Court of Appeals · Feb 29, 2000

This Court reviews the findings of fact under the clearly erroneous standard. MCR 5.974(1); In re Miller, 433 Mich 331, 337 ; 445 NW2d 161 (1989). … If no such showing is made and a statutory ground for termination has been established, the family court is without discretion; it must terminate parental rights.

Wilkins v. Ann Arbor City Clerk

24 Mich. App. 422 · Michigan Court of Appeals · Nov 24, 1970

Eather, it is enfranchisement for some who would not otherwise be able to establish a voting residence. … These findings of fact are supported by the record and are not clearly erroneous. GrCR 1963, 517.1.

Harrison v. Arrow Metal Products Corp.

20 Mich. App. 590 · Michigan Court of Appeals · Feb 24, 1970

A qualified privilege extends to communications made under certain circumstances. … There counsel agreed that the prior employer had a qualified privilege; not so liere.

Swarthout v. Beard

33 Mich. App. 395 · Michigan Court of Appeals · May 18, 1971

Trial testimony clearly establishes that 20% of the architect’s fee was specifically allocated for the supervision of the project. … Precedent for this rule is established in Husted v.

People of Michigan v. Christopher Michael Shananaquet

Michigan Court of Appeals · Aug 12, 2021

AMENDED MOTION TO SUPPRESS Defendant first alleges that he is entitled to the qualified immunity provided by MCL 722.625 for reporting his reasonable suspicion that his son was at risk of child abuse. … Defendant submits that a fair reading of the statute entitles him to qualified immunity from criminal prosecution arising from statements he made in the December 2016 letter/report to the state police and to the DHHS.

People v. Russell

174 Mich. App. 357 · Michigan Court of Appeals · Jan 17, 1989

He then returned to the vehicle in an effort to establish its ownership. … of establishing ownership of the vehicle.

Cuddington v. United Health Services, Inc.

298 Mich. App. 264 · Michigan Court of Appeals · Oct 25, 2012

[a] power, privilege, or immunity secured to a person by law.’ ” Risko v Grand Haven Charter Twp Zoning Bd of Appeals, 284 Mich App 453, 460 ; 773 NW2d 730 (2009), quoting Black’s Law Dictionary (8th ed). … A plaintiff can establish that the employer’s proffered reasons for the adverse employment action qualify as pretextual by demonstrating that the reasons (1) had no basis in fact, (2) were not the actual factors motivating

In Re Grace Minors

Michigan Court of Appeals · Mar 6, 2026

When faced with a parent who also has a qualified disability, as is the case here, “efforts at reunification cannot be reasonable . . . unless [DHHS] modifies its services as reasonably necessary to accommodate a parent’s … The court recognized that respondent had not achieved full compliance with her PATP in the almost three years since it had been established and that, despite her good intentions, it was her lack of initiative that hindered

Clayton J Ewalt v. Department of Transportation

Michigan Court of Appeals · Jan 26, 2016

STANDARD OF REVIEW This Court reviews de novo a trial court’s grant or denial of summary disposition as well as “[t]he applicability of governmental immunity and the statutory exceptions to immunity.” … However, when a police report contains a second level of hearsay, the second level of hearsay must also qualify under an exception to the rule against hearsay.

In Re Edgar Estate

137 Mich. App. 419 · Michigan Court of Appeals · Sep 17, 1984

In Michigan, a valid spendthrift trust restricts the alienability of property in the trust and immunizes it from the claims of creditors. … Clearly, William H. Edgar had a beneficial interest in the trust income; that is the nature of a trust, Frost, supra .

City of Detroit v. State

686 N.W.2d 514 · Michigan Court of Appeals · Sep 1, 2004

The department may lease properties to private and public organizations for a period not to exceed 30 years for consideration established by the department. … But our Supreme Court guides us to characterize the issue "as one, not of absolute governmental immunity, but rather of legislative intent."

People v. Lanzo Construction Co.

272 Mich. App. 470 · Michigan Court of Appeals · Jan 17, 2007

A finding is clearly erroneous when, although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake has been made. Id. at 388-389. … Klimbal acknowledged that he was a qualified employee under MIOSHA and that his duties as superintendent included responsibility for safety.

City of Farmington v. Farmington Survey Committee

Michigan Court of Appeals · Sep 3, 2024

5% of the votes cast for governor by qualified electors in the municipality at the last gubernatorial election. … Contrary to this argument, as discussed, the statute speaks clearly on the division of local power between “individuals” and the “municipality” to regulate marijuana retail establishments.

People v. Wilson

257 Mich. App. 337 · Michigan Court of Appeals · Aug 20, 2003

Because defendant fails to establish that there was insufficient evidence to establish probable cause, he cannot establish that his trial counsel’s performance was deficient. Carbin, supra. … Venticinque, supra at 98-99 and n 3. 2 We note that our analysis applies to both subsections 415(1) and (2) because the only distinction between these provisions is the qualifying phrase in the latter subsection, “with the

In Re Terry

610 N.W.2d 563 · Michigan Court of Appeals · May 22, 2000

If no such showing is made and a statutory ground for termination has been established, the family court is without discretion; it must terminate parental rights. … We conclude that the family court's findings were not clearly erroneous and that it did not err in terminating respondent's parental rights.