Case law

City of Warren v. MacCabees Mutual Life Insurance

83 Mich. App. 310 · Michigan Court of Appeals · May 10, 1978

Factual findings by the trial court will not be set aside unless they are clearly erroneous. … meaning and will furnish cause, if established, for holding a mistake of the offending bidder to be one not' remediable in equity.

20241217_C365895_56_365895.Opn.Pdf

Michigan Court of Appeals · Dec 17, 2024

Peltier, however, was clearly hit and run over by the bus. Afterward, Williams can be heard saying, “Oh man,” and another individual can be heard shouting something that sounded like “Oh man, what did you do?” … from the driver, but to recover damages from the owner of the vehicle, the governmental agency, they need only establish ordinary negligence.

Goolsby v. City of Detroit

211 Mich. App. 214 · Michigan Court of Appeals · May 26, 1995

This provision clearly states that all sanitation laborers are required to perform strenuous physical labor. … However, as previously discussed, the charging parties have not established a breach of the collective bargaining agreement.

Higgins v. Monroe Evening News

70 Mich. App. 407 · Michigan Court of Appeals · Aug 3, 1976

As Chief Justice Kavanagh stated in that opinion, the "facts” of any case must be clearly distinguished from the "jural relationships” involved. … We must now decide on the basis of the presently established facts whether plaintiff was an employee.

People v. Ricky Vaughn

200 Mich. App. 32 · Michigan Court of Appeals · Jun 7, 1993

Construing the facts in favor of the prosecution, defendant was in his room and was engaged in activity that clearly indicated he was using an illegal substance. … Defendant’s contention that Hunten precludes conviction in all cases where there is a minute quantity of contraband discovered ignores the qualifying language within the Hunten opinion and the case law from which Hunten emanated

People v. Smith

73 Mich. App. 463 · Michigan Court of Appeals · Feb 2, 1977

Police were notified immediately and telephone surveillance was established. … Defendant Gilmore’s testimony clearly implicated Braceful as the sole party to the crime.

AFSCME Council 25 v. State Employees' Retirement System

294 Mich. App. 1 · Michigan Court of Appeals · Aug 25, 2011

“Statutes are presumed constitutional unless the unconstitutionality is clearly apparent.” Toll Northville Ltd, 480 Mich at 11 . … *22 participant shall contribute an amount equal to 3.0% of the member’s or qualified participant’s compensation to the appropriate funding account established under the public employee retirement health care funding act

Koehler v. DRT Sportservice, Inc.

55 Mich. App. 567 · Michigan Court of Appeals · Sep 24, 1974

Where, as in Koehler, the release agreement precedes the amendatory act, plaintiff is clearly divested of a right of action without due process of law. … At the time of the accident, suit was permitted against the city because the applicable immunity statute, 1964 PA 170 , §7, was unconstitutional.

Sloan v. Warren Civil Service Commission

26 Mich. App. 555 · Michigan Court of Appeals · Jul 25, 1980

The section, thus, clearly assumes the validity of oral agreements, if a writing is not requested by either party. We conclude that a valid contract existed between the union and the City of Warren. … The Commission was established pursuant to the Warren City Charter, § 7.28, requirement that the city council establish a civil service plan by ordinance.

Welfare Employees Union v. Civil Service Commission

28 Mich. App. 343 · Michigan Court of Appeals · Dec 2, 1970

This Court will not reverse findings of fact made in conjunction with a declaratory judgment action unless clearly erroneous. McComb v. McComb (1967), 9 Mich App 70 . The pleadings support the trial court’s findings. … (Emphasis supplied.) 6 “The director, employees and assistants of the county department shall be appointed by the state department * * * from among persons certified as qualified by the state Civil Service Commission * *

Charter Township of White Lake v. Ciurlik Enterprises

Michigan Court of Appeals · May 12, 2016

Defendant claims that its composting operation qualifies as a “farm.” The word “farm” is defined within the ordinance: FARM. … With regard to the first requirement, “[t]he statute’s language clearly precludes only total exclusion.” Id.

People of Michigan v. Madison Danielle Perry

Michigan Court of Appeals · Aug 12, 2021

In response, the prosecution argued that the MRTMA only provides an individual under the age of 21 with immunity from criminal prosecution for simple possession of marijuana. … Defendant maintains that MCL 257.625(8), with its lower, no-tolerance standard of driving with any amount of marijuana in one’s system, clearly conflicts with the provision in the MRTMA that requires the state to prove that

Rowbotham v. Detroit Automobile Inter-Insurance Exchange

69 Mich. App. 142 · Michigan Court of Appeals · May 27, 1976

The Michigan courts have clearly expanded this tort to include malicious civil proceedings. … The Davis v McMillan, supra, excerpt, clearly requires that the advice be sought and acted on in good faith, with a full disclosure made to counsel.

Katrina Carter v. Argiris Xenos

Michigan Court of Appeals · Jan 12, 2016

Defendant argued that, under the facts of this case, he was clearly entitled to governmental immunity. … When a plaintiff pleads an intentional tort against a governmental employee, the defendant may establish that he is entitled to individual governmental immunity by showing that (a) his acts were taken during the course of

Jennifer Buhl v. City of Oak Park

Michigan Court of Appeals · Aug 29, 2019

Plaintiff filed suit under the defective sidewalk exception to governmental immunity, MCL 691.1402a. … Few rules are as clearly established as that “[a]n unpublished opinion is not precedentially binding under the rule of stare decisis.” MCR 7.215(C)(1). Thus, it is beyond dispute that Schilling is not controlling.

Hengartner v. Chet Swanson Sales, Inc

132 Mich. App. 751 · Michigan Court of Appeals · Mar 20, 1984

It must be resolved by treating as true all wellpled factual allegations and determining whether the claims made are so clearly unenforceable as a matter of law that no factual development could possibly justify a right to … To the extent that the abolition of tort liability is broader than the requirement of no-fault coverage, the policy of *758 limiting tort immunity to those who have participated in the spreading of the costs of motor vehicle

Coleman-Nichols v. Tixon Corp.

203 Mich. App. 645 · Michigan Court of Appeals · Feb 22, 1994

Considering also the training manual, the progressive discipline system found therein is not clearly applicable to plaintiff. … However, we believe that plaintiff has established a proper claim under § 7 of the act.

De Voe v. C. A. Hull, Inc.

169 Mich. App. 569 · Michigan Court of Appeals · Mar 25, 1988

However, Van Riper stated that the accident occurred on a clear evening and the piers of the bridge were clearly visible. … Further, this evidence established that this very same conduct was responsible for the accident and demonstrated a pattern of conduct.

In Re Leone Estate

168 Mich. App. 321 · Michigan Court of Appeals · May 2, 1988

When reviewing the denial of a motion for a new trial, this Court accords deference to the trial court’s decision because the trial court, having heard the witnesses, is uniquely qualified to judge the jury’s assessment of … Clearly, the evidence presented material issues of fact upon which reasonable minds could differ.

Favors v. Department of Corrections

192 Mich. App. 131 · Michigan Court of Appeals · Dec 2, 1991

The burden of proof is on the governmental agency to establish that the exception is applicable to the requested records. MCL 15.240(1); MSA 4.1801(10)(1). … Nevertheless, we do not believe that this failure requires reversal because the trial court clearly reached the correct result.