Case law

Meagher v. Wayne State University

222 Mich. App. 700 · Michigan Court of Appeals · Jul 1, 1997

was qualified for the position, and (4) the plaintiff was replaced by a younger person. … established that plaintiffs employment was terminable at will.

Clonlara, Inc v. State Board of Education

188 Mich. App. 332 · Michigan Court of Appeals · Apr 1, 1991

Plaintiff Clonlara, Inc., is a nonprofit corporation which helps individuals who desire to establish a home school program for their children. … However, our Legislature has established the proper procedures to follow in promulgating rules under the apa.

Bridging Communities Inc v. Hartford Casualty Insurance Company

Michigan Court of Appeals · Mar 2, 2023

The insured bears the burden of establishing that the claim “falls within the terms of the policy,” while the insurer bears the burden of establishing that coverage is negated by an exclusion. Id. … Plaintiffs have not alleged any of the elements to establish such a claim.

Lopez v. Flower Basket Nursery

122 Mich. App. 680 · Michigan Court of Appeals · Nov 5, 1982

such disabling back pain that he is no longer able to use his legs to perform any reasonable employment, then he will clearly be eligible for permanent and total disability benefits under the above discussed section of the … He also is qualified to receive social security benefits.

Powell v. Monolidis

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.

Kent County Deputy Sheriffs' Ass'n v. Kent County Sheriff

238 Mich. App. 310 · Michigan Court of Appeals · Feb 10, 2000

Clearly, the pera is the exclusive remedy for any unfair labor practice charge, and the MERC has exclusive jurisdiction to adjudicate such charges. … On appeal, this Court considered the narrow issue whether the union qualified as a “person” entitled to seek public records under the foia. Id.

MICHIGAN EX REL WAYNE CTY. PROSECUTING ATTORNEY v. Duck

203 Mich. App. 250 · Michigan Court of Appeals · Jan 18, 1994

Four employees of the Dizzy Duck also testified; three of them were dancers and were granted immunity. … Clearly, there must be some limitation to the scope of the term "lewdness.” Random House defines "masturbation” as "the stimulation or manipulation of one’s own or another’s genitals to achieve orgasm.”

James Sottile v. County of Monroe

Michigan Court of Appeals · Mar 22, 2018

Thus, “[t]o qualify for absolute immunity from tort liability an individual governmental employee must prove his or her entitlement to immunity by establishing . . . (1) that he or she is a judge, legislator, or the elective … Further, in Rose v Saginaw Co, 353 F Supp 2d 900, 924-925 (ED Mich, 2005), the United States District Court for the Eastern District of Michigan held that the sheriff of Saginaw County qualified for absolute immunity under

City of Dearborn v. Department of Social Services

120 Mich. App. 125 · Michigan Court of Appeals · Oct 5, 1982

A restriction on a municipality’s zoning power clearly belongs in the same act granting that power. Livonia v Dep’t of Social Services, 119 Mich App 806 ; 328 NW2d 1 (1982). … Therefore, since the small group home in question has "6 or less” residents, it qualifies for the statutory exemption. Cf. Brandon Twp, supra, 308-309.

Wolverine Golf Club v. Secretary of State

24 Mich. App. 711 · Michigan Court of Appeals · Aug 17, 1970

However, opponents of the measure were able to qualify the legislation for referendum. … This distinction was clearly noted in State v.

Samantha Johnson v. Outback Lodge and Equestrian Center LLC

Michigan Court of Appeals · Mar 10, 2016

The exceptions to the EALA’s broad grant of immunity are set forth in MCL 691.1665. … As discussed above, defendant is immune from liability for Outback’s conduct related to the provision of an equine, tack, and equipment.

People v. Burton

219 Mich. App. 278 · Michigan Court of Appeals · Dec 9, 1996

The victim testified that during this episode of the attack, her vision cleared and she could see clearly that defendant was her attacker. … First, defendant claims that the trial court erred in qualifying Barton as an expert.

Keyon Harrison v. Curt Vanderkooi

Michigan Court of Appeals · May 23, 2017

fingerprinting during an investigatory stop was not clearly established. … “Whether an asserted federal right was clearly established at a particular time, so that a public official who allegedly violated the right has no qualified immunity from suit, presents a question of law,” which is reviewed

Vanessa Ferriole v. City of Detroit

Michigan Court of Appeals · Jul 28, 2022

(quotation marks and citations omitted); Flanagin, 319 Mich App at 639 (“In sum, these statutes do not establish a sort of immunity from suit or an excuse to be negligent. … Plaintiff has failed to establish that the motor vehicle exception applies in this case, and the trial court therefore erred by not granting summary disposition to defendants on the grounds of governmental immunity.

Adamo Demolition Co. v. Department of Treasury

303 Mich. App. 356 · Michigan Court of Appeals · Dec 10, 2013

ADAMO’S STATUS AS ADAMO DEMOLITION’S OWNER The Department asserts that the service providers did not qualify as professional employer organizations under MCL 208.4(4)(a) or (d), and, therefore, the employees’ compensation … APPLYING THE STANDARDS The Department contends that the Tribunal erred by finding that it was attempting to purposefully avoid the application of clearly established precedent.

Mahaffey v. Attorney General

222 Mich. App. 325 · Michigan Court of Appeals · May 22, 1997

In 1993, the Legislature amended the Public Health Code to establish minimum standards for physicians who perform abortions. … We note that under 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.

H J Tucker & Associates, Inc. v. Allied Chucker & Engineering Co.

234 Mich. App. 550 · Michigan Court of Appeals · Mar 26, 1999

The trial court’s *566 interpretation of the statements was reasonable and not clearly erroneous. Arco, supra. … The trial court did not abuse its discretion in qualifying Markowski as an expert.

Denton v. Department of Treasury

317 Mich. App. 303 · Michigan Court of Appeals · Sep 20, 2016

To qualify for the principle residence exemption in Michigan, a property owner must file an affidavit averring that the property is owned and occupied as “his or her true, fixed, and permanent home to which, whenever absent … , he or she intends to return and that shall continue as a principal residence until another principal residence is established.”

Circle Pines Center v. Orangeville Township

103 Mich. App. 593 · Michigan Court of Appeals · Feb 5, 1981

Since petitioner obviously meets parts (1) and (3) of the four-part test, the question on appeal is whether the Tribunal erred in holding that petitioner did not qualify under parts (2) and (4). … That decision, announced subsequent to the filing of the excellent briefs by the parties herein, clearly establishes that CPC is not an educational institution as that term is used in the statute.

Rehabilitation Center, Inc. v. Blue Cross & Blue Shield

93 Mich. App. 357 · Michigan Court of Appeals · Nov 5, 1979

In order for a nursing home to qualify for participation in the program, it must be accredited by the Joint Commission on Accreditation of Hospitals. … Under the new contract, Blue Cross was to reimburse participating providers according to its reimbursement policies as established from time to time by its Board of Directors.