Case law

Shepherd Montessori Center Milan v. Ann Arbor Charter Township

259 Mich. App. 315 · Michigan Court of Appeals · Jan 22, 2004

Senators Hatch and Kennedy co-sponsored rluipa; they stated: *326 This Act does not provide religious institutions with immunity from land use regulation, nor does it relieve religious institutions from applying for variances … that the ordinance is clearly unconstitutional.

People v. Hawkins

114 Mich. App. 714 · Michigan Court of Appeals · Apr 6, 1982

Turner was given immunity in exchange for his testimony, which inculpated defendant. Scott pled *718 guilty to murder in the second degree and was sentenced to prison. … Finally, Scott had, at that time, not been granted immunity from prosecution and, thus, was not without fear that the statement could be used against him.

Tiffany Donner v. Progressive Michigan Insurance Company

Michigan Court of Appeals · May 2, 2024

Specifically, Progressive argued that when she renewed her insurance policy in January 2021, plaintiff opted out of PIP coverage, providing proof of Medicare Parts A and B to establish qualified health coverage, and only … We agree.5 The language of MCL 500.3107d(6) clearly and unambiguously provides that an individual who opts out of PIP coverage because of qualified healthcare coverage, and who loses that coverage, must obtain new

Kefgen v. Davidson

241 Mich. App. 611 · Michigan Court of Appeals · Sep 19, 2000

It is still necessary to determine whether defendants’ communications were subject to a qualified privilege. B. … unnecessary to address plaintiff’s argument challenging the trial court’s determination regarding whether certain of the alleged defamatory statements were made during school board meetings. 6 The present circumstances clearly

Village Green of Lansing v. BD. OF WATER AND LIGHT

145 Mich. App. 379 · Michigan Court of Appeals · Sep 3, 1985

The privilege of immunity from the sizeable collection fees involved under this ordinance was granted to one subclass of properties while the plaintiffs’ subclass was arbitrarily denied such benefit.” … It is not unjust discrimination to classify and establish rates on the basis of commercial users and residential users of electric service.

O'REILLY v. Wayne County

116 Mich. App. 582 · Michigan Court of Appeals · May 21, 1982

MCL 211.34c; MSA 7.52(3), establishes six classes of real property and five classes of personal property. … A provision for emergency conditions is established and the repayment of voter approved bonded indebtedness is guaranteed.

Charter Township of Ypsilanti v. Judith Pontius

Michigan Court of Appeals · Oct 30, 2018

“A motion under MCR 2.116(C)(8) may be granted only where the claims alleged are so clearly unenforceable as a matter of law that no factual development could possibly justify recovery.” Id. … Plaintiff also argues that defendant lacks immunity under MCL 333.26424(b). We disagree.

Blue Water Fabricators, Inc. v. New Apex Co.

205 Mich. App. 295 · Michigan Court of Appeals · May 16, 1994

The language of MCR 3.101(H)(2) clearly permits a garnishee defendant to claim any setoff, except claims for unliquidated damages. … As unliquidated damages do not qualify as a setoff under MCR 3.101(H)(2), we conclude that gm’s initial disclosures did not excuse it from complying with the writs of garnishment.

David Robert Padecky v. Muskegon Charter Township

Michigan Court of Appeals · Jun 23, 2022

There is no dispute that plaintiff qualifies as a veteran under the Act, and proceeds from his hot dog stand are to be used for his direct personal benefit. … The Township’s zoning ordinance therefore clearly does not conflict with the Act merely by restricting mobile food stands to a single zoning district.

Michigan United Conservation Clubs v. Department of Treasury

239 Mich. App. 70 · Michigan Court of Appeals · Mar 22, 2000

“[U]nder established rules of statutory construction, statutes are presumed constitutional, and courts have a duty to construe a statute as constitutional unless unconstitutionality is clearly apparent.” … Finally, the tax credits also do not qualify as royalties.

Sitz v. Department of State Police

170 Mich. App. 433 · Michigan Court of Appeals · Aug 1, 1988

We affirm. i 1982 PA 310 established the Michigan Drunk Driving Task Force in the Department of State Police, MCL 257.625j; MSA 9.9325(10). … While the goals of the sobriety checkpoint program are laudable, the program fails to qualify as a reasonable seizure under the Fourth Amendment.

City of Detroit v. State

31 Mich. App. 563 · Michigan Court of Appeals · Mar 24, 1971

If, as § 40 and § 2 existed prior to 1966, the statutes clearly required the state to pay base taxes because it assumed the status of the former owner as of tax day, it would appear equally clear that it assumed that status … levied on or after the date title passes,” it meant taxes, penalties, and interest; in this connection we note that it was thought necessary to limit the term “general property taxes” when earlier used in the section by qualifying

Olson v. Dahlen

3 Mich. App. 63 · Michigan Court of Appeals · Apr 26, 1966

But no pleading should he dismissed on this account, if any set of facts tuhich might he proved within the transactional framework disclosed hy the pleading would qualify the pleader for relief. * * * “5. … Prom this it can be clearly seen that the function of the pleadings is to act as a guide rope, not as a snare or a hangman’s noose.

Aw v. Oxford Community Schools

Michigan Court of Appeals · Sep 19, 2024

Simply stated, the Ray Court was not being asked to decide if an intentional actor could qualify as the proximate cause of injuries. Id. … When analyzing why, we noted the Legislature amended the CPL several times after the GTLA was amended to provide immunity to individual governmental actors, yet never added a provision “to clearly provide that it abrogates

Jefferson Smurfit Corp. v. Department of Treasury

248 Mich. App. 271 · Michigan Court of Appeals · Jan 25, 2002

The framework for constitutional analysis is well established, and was effectively detailed by our Supreme Court in Caterpillar, supra at 413-415. … A taxing statute must be shown to “clearly and palpably violate [ ] the fundamental law” before it will be declared unconstitutional.

People v. Jensen

231 Mich. App. 439 · Michigan Court of Appeals · Dec 10, 1998

The constitutionality of legislative enactments to protect life is clearly established in our law. … We therefore affirm the constitutionality of MCL 333.5210; MSA 14.15(5210) and defendant’s convictions pursuant to the statute. 1 Aids is defined as “a syndrome that involves a compromised immune system that renders the [

Surman v. Surman

277 Mich. App. 287 · Michigan Court of Appeals · Feb 28, 2008

APPLICABLE LAW It is well established that to protect a child from the trauma and distress of choosing between his or her parents in open court, a trial court may exclude the child’s parental preference testimony from trial … First, Molloy II firmly established that the subject matter of the in camera interview be strictly limited to determining the child’s preference.

Ortman v. Miller

33 Mich. App. 451 · Michigan Court of Appeals · May 18, 1971

His- New Jersey residence, said the Court, “had that permanency which qualifies him for the recourse contemplated by the statute”. In the subsequent case of Williamson v. … There was, said the Court, “a degree of permanence that clearly brings him within the purview of being a resident of this state” within the meaning of the law. 7 *457 In Catalanotto v.

Yousif Gorgis v. Auto Club Insurance Association

Michigan Court of Appeals · Jun 22, 2026

Although Carolina cited both MCR 2.116(C)(8) and (C)(10) in its motion, the trial court clearly relied on the parties’ documentary evidence and did not rely solely on the pleadings. … Transport Systems prescribed the times and locations for load pickups and established the final destinations.

Cole v. West Side Auto Employees Federal Credit Union

229 Mich. App. 639 · Michigan Court of Appeals · Aug 26, 1998

If Cole had not pursued the credit union’s alternative dispute resolution (adr) procedure to the point of arbitration, then clearly under Rushton Cole would have had a right to reject the ADR procedure with regard to his … One essential aspect of such a prima facie case in an age discrimination case based on discharge from employment is that the plaintiff was qualified for the position.