Case law

in Re Reliability Plans of Electric Utilities for 2017-2021

Michigan Court of Appeals · Jul 12, 2018

MCL 460.6w(3) directs the MPSC to establish a capacity charge that a provider must pay if it fails to satisfy the capacity obligations established under section 6w(8). … [T]he statute gives the Commission flexibility to determine how best to establish a forward locational requirement and the resources that qualify to meet that requirement.

Trugreen Limited Partnership v. Department of Treasury

Michigan Court of Appeals · Apr 10, 2020

Rather it provides a service to residential property owners who would never qualify for the exemption themselves. … Here the dissent is clearly cherry-picking.

Sergio Love v. Michael Notoriano

Michigan Court of Appeals · Nov 7, 2019

In discussing qualified immunity, the United States Supreme Court has repeatedly stated that the doctrine protects “all but the plainly incompetent or those who knowingly violate the law.” … -2-  The alleged actions of the defendant violated clearly established constitutional rights.

People v. Hangsleben

86 Mich. App. 718 · Michigan Court of Appeals · Nov 6, 1978

Defendant does not argue reliability in this case beyond his assertion that the psychiatrist who administered the test was qualified. … As we have recited, the only fac *731 tual foundation offered to the trial court was defendant’s assertion that the witness was a qualified psychiatrist.

People of Michigan v. Shane Michael Auernhammer

Michigan Court of Appeals · Nov 10, 2015

The trial court correctly imposed a penalty on defendant since he failed to establish that he was entitled to protection under § 4(i). … penalty phase of the proceedings since defendant was not entitled to immunity under § 4(i).

Johnson v. White

144 Mich. App. 458 · Michigan Court of Appeals · May 22, 1985

In Javis v Bd of Ed of the School Dist of Ypsilanti, 393 Mich 689, 702 ; 227 NW2d 543 (1975), the Supreme Court established a prophylactic rule of reversal where, as here, the Standard Jury Instruction was properly requested … As a person uniquely qualified in accident scene investigations, Deputy Schwartz could properly rely upon hearsay in order to arrive at his conclusion.

Atlas Valley Golf and Country Club, Inc v. Village of Goodrich

227 Mich. App. 14 · Michigan Court of Appeals · Mar 10, 1998

A connection charge clearly falls within the ambit of a village’s authority to fix the rate for services. … “(2) Are all persons of the same class included and affected alike or are immunities or privileges extended to an arbitrary or unreasonable class while denied to others of like kind?”

Hayes v. Booth Newspapers, Inc.

97 Mich. App. 758 · Michigan Court of Appeals · Jun 3, 1980

When the prosecutor attempted to object to a defense witness giving opinion testimony without being qualified as an expert, Hayes interrupted. The court remonstrated Hayes, stating: "Mr. … "Added to the other offenses was the attempt to use the news agencies to inñuence the case, including one instance in which Hayes most clearly violated the canons of the bar by appearing on a local television show during

Regents of the University of Michigan v. State Farm Mutual Insurance

250 Mich. App. 719 · Michigan Court of Appeals · Jul 30, 2002

Through our investigation we have established that the deceased, Mr. George Estes, resided with our insured and, therefore, qualifies for Michigan No-Fault Benefits. … The lower court’s finding of unreasonableness as to Auto-Owners was not clearly erroneous. [Id. at 12-13.]

Cummins v. Robinson Township

283 Mich. App. 677 · Michigan Court of Appeals · May 12, 2009

The court also dismissed plaintiffs’ tort claims against the township and its trustees on the basis of governmental immunity. … The motion may be granted only “where the claims are so clearly *690 unenforceable as a matter of law that no factual development could possibly justify recovery.”

Sorkowitz v. Lakritz, Wissbrun & Associates, PC

261 Mich. App. 642 · Michigan Court of Appeals · Apr 27, 2004

Over thirty-five years ago, in Crummey v Comm’r of Internal Revenue, 397 F2d 82 (CA 9, 1968), the United States Court of Appeals for the Ninth Circuit held that gifts to a trust providing for a future interest would qualify … While the claims of the estate, trust and beneficiaries are clearly duplicative, the determination of the proper plaintiff or plaintiffs should be made after further discovery. We do not retain jurisdiction.

Stacy Hawkins v. City of Saginaw

Michigan Court of Appeals · Dec 15, 2025

immunity. … Additionally, defendants argue they are entitled to qualified immunity.

In Re Subpoena Duces Tecum

191 Mich. App. 90 · Michigan Court of Appeals · Sep 3, 1991

The nonambiguous language of the court rule clearly applies the work-product doctrine only to parties and their representatives. [1] Turning to the arguments raised in the dissent, a discussion of those points are in order … The public policy considerations and protections enunciated in Hickman would clearly be violated by such strategic discovery.

Elliott v. City of Clawson

21 Mich. App. 363 · Michigan Court of Appeals · Feb 3, 1970

While the citizens of a city are acting in a legislative capacity when voting' pursuant to the initiatory process, the qualified voters of such a city would not constitute a ‘legislative body’. … The words ‘legislative body’ in Art lOlle clearly refer to the city council, and these words, when used in other sections of the same act, and in amendments thereto, will be presumed to have the same meaning.

People v. Bowman

254 Mich. App. 142 · Michigan Court of Appeals · Feb 20, 2003

Under none of these standards does the statement in question qualify as an excited utterance. … Viewed in the light most favorable to the prosecution, this evidence is more than sufficient to establish premeditation beyond a reasonable doubt.

Central Fabricators, Inc. v. Big Dutchman Division of US Industries, Inc.

62 Mich. App. 123 · Michigan Court of Appeals · Jun 11, 1975

It was clearly established at trial that such memos were kept in the ordinary course of business by defendant and that defendant’s executives routinely and in the course of carrying on their business communicated with each … Therefore, the memo was clearly admissible under the business records exception to the hearsay rule.

George K Truchan v. Charter Township of Adrian

Michigan Court of Appeals · Nov 5, 2015

The trial court ruled that Koehn was entitled to governmental immunity, but concluded that Germond was not similarly entitled to immunity. … determine whether the plaintiff pleaded an intentional or a negligent tort. *** (4) If the plaintiff pleaded an intentional tort, determine whether the defendant established

Parmeter v. Grand Rapids Public Schools

168 Mich. App. 97 · Michigan Court of Appeals · Dec 15, 1987

Medical testimony in this case established that plaintiff was in fact capable of performing the favored work when it was offered. … In its further fact-finding and conclusions, the wcab must clearly articulate the factors upon which it relies as support for its decision. DeGeer v DeGeer Farm Equipment Co, 391 Mich 96, 101 ; 214 NW2d.794 (1974).

Air Flite & Serv-A-Plane v. Tittabawassee Township

134 Mich. App. 73 · Michigan Court of Appeals · Apr 17, 1984

"We think the ownership of property by a municipality to qualify for exemption under s.70.11(2), Stats., means real or true ownership and not paper title only. … Very clearly, petitioner was a "concessionaire”.

In Re Powell Estate

160 Mich. App. 704 · Michigan Court of Appeals · Jun 15, 1987

Powell was not qualified to direct her *718 son's malpractice action. The determination that she was qualified had already been made by the circuit court and continued as an issue within that court's discretion. … Nothing was "irrevocably established as the controlling rule" in the initial order. It merely reflects the circuit judge's decision to delay ruling on Ms.