Case law

Anderson v. Director, Department of Social Services

101 Mich. App. 488 · Michigan Court of Appeals · Nov 19, 1980

A reading of Title XIX clearly indicates the intent of Congress to give the states considerable discretion and latitude in devising their Medicaid Plans. … The testimony also established that an adequate alternative, tooth extraction, was available.

Mazumder v. University of Michigan Board of Regents

270 Mich. App. 42 · Michigan Court of Appeals · May 11, 2006

Morrison clearly recognized that the Legislature’s intent was that the 182-day notice provision would be counterbalanced by the 182-day tolling provision. … The Court held that “the plain language of the governmental tort liability act does not contain a trespass-nuisance excep *60 tion to governmental immunity,” but nonetheless determined that it would be inequitable to apply

Troxler v. Troxler

87 Mich. App. 520 · Michigan Court of Appeals · Dec 5, 1978

In addition to that evidence cited by the trial court, we note other testimony which supports the conclusion that it is clearly in the best interests of the children to award custody to defendant. … The court considered the parents equally qualified with regard to emotional ties with the children; capacity to give love, affection and guidance; capacity to provide for material needs; mental and physical health; home,

People v. Harlan

258 Mich. App. 137 · Michigan Court of Appeals · Oct 16, 2003

Both MCL 770.3(l)(d) and MCL 770.12(2) (e) clearly permit only an appeal by application for leave where the appeal arises from “[a] final order or judgment based upon a defendant’s plea of guilty or nolo contendere.” … Because defendant had to satisfy all three conditions imposed by MCL 750.224f(l) in order to qualify to possess a firearm, the fact that, at least inferentially, three years had not elapsed from the termination of his probation

Stokes v. Millen Roofing Co.

245 Mich. App. 44 · Michigan Court of Appeals · May 7, 2001

B Although the facts of Kirkendall are clearly distinguishable from this case, this Court has applied the Kirkendall holding in similar circumstances. … However, apparent authority must be traced to the principal and cannot be established only through the acts of the agent. Id.

Jerome Dubrulle v. Great Lakes Water Authority

Michigan Court of Appeals · Oct 2, 2025

As such, they have immunity from tort liability unless an exception to that immunity applies. … To proceed with this suit, Plaintiffs must establish an exception to governmental immunity under the GTLA. MCL 691.1417.

Estate of Michael Whyte v. Detroit Transportation Corporation

Michigan Court of Appeals · Oct 17, 2019

Clearly, installing something new to the platform2 is not “restoring or returning” it “to a prior state or condition.” … For these reasons, we hold that the trial court erred in deciding that plaintiff met his burden of establishing that the public-building exception to governmental immunity applied. III.

Selflube, Inc v. Jjmt, Inc

278 Mich. App. 298 · Michigan Court of Appeals · Mar 25, 2008

DeHaan does not argue that HSD’s action was brought under ERISA, and it clearly was not. … “[A] preemptive relationship to an ERISA plan is established when state law interferes with a plan by: 1) altering the level of benefits which would be paid out under a given plan from state to state, 2) altering the terms

Richard Kevin Steiger v. Robert Hahn

Michigan Court of Appeals · Nov 14, 2019

In affirming the district court’s decision, the Sixth Circuit Court of Appeals noted that “qualified immunity protects ‘all but the plainly incompetent or those who knowingly violate the 2 This Court denied leave “for … In reviewing a (C)(8) motion, this Court accepts as true all factual allegations supporting the claim “to determine whether the claim is so clearly unenforceable as a matter of law that no factual development could establish

People v. Underwood

184 Mich. App. 784 · Michigan Court of Appeals · Aug 6, 1990

I do not think there is any question that the statement given by Demetrius Underwood was against his penal interest at the time it was given and qualifies for admission under MRE 804(b)(3). … The question then is whether or not "corroborating circumstances clearly indicate the trustworthiness of the statement.”

Higgins Lake Property Owners Ass'n v. Gerrish Township

255 Mich. App. 83 · Michigan Court of Appeals · Apr 2, 2003

Just as clearly, access to and from the water is a riparian or littoral right. … Governmental entities are generally immune from adverse possession actions. MCL 600.5821; Goodall, supra at 647 .

In Re Page Minors

Michigan Court of Appeals · Feb 18, 2026

And the record clearly supported the trial court’s determination that barriers continued to exist to reunification, including domestic violence and housing stability. … To establish a claim of ineffective assistance of counsel, a party must show that trial counsel was deficient and that the deficient performance was prejudicial.

Milford Hills Properties Inc v. Charter Township of Milford

Michigan Court of Appeals · Sep 2, 2021

Nor did plaintiffs plead facts in connection with its tort theories in terms that clearly implicated one of the statutory exceptions to governmental immunity. 2 Defendant’s answer to the complaint was accompanied by a list … In reviewing a (C)(8) motion, this Court accepts as true all factual allegations supporting the claim “to determine whether the claim is so clearly unenforceable as a matter of law that no factual development could establish

People v. Hopko

79 Mich. App. 611 · Michigan Court of Appeals · Nov 21, 1977

Given these circumstances we conclude that defendant had a qualified but not total expectation of privacy. As to the public in general his expectation of privacy was total. … Incontrovertible testimony of the senses that an incriminating object is on premises belonging to a criminal suspect may establish the fullest possible measure of probable cause.

Matthew Barnard v. Jg Pray's Subdivision Homeowners Association

Michigan Court of Appeals · Apr 1, 2026

is a right to use the land burdened by the easement rather than a right to occupy and use the land as an owner[,]” so an “owner of an easement cannot displace the possessor or the owner of the land, but he or she has a qualified … That easement clearly and unambiguously established the right of the subdivision owners to use the land that constituted the 25-foot-wide easement on the servient properties, as well as the dock off the shore of the property

People v. Morillo

90 Mich. App. 655 · Michigan Court of Appeals · Jun 6, 1979

Clearly, jeopardy attached at the Federal level. See also Sanabria v United States, 437 US 54; 98 S Ct 2170 ; 57 L Ed 2d 43 (1978). … In Cooper , the Michigan Supreme Court qualified the dual sovereignty doctrine holding that, unless the state’s interest is substantially different from the Federal interest, Const 1963, art 1, § 15 prohibits a state prosecution

Avon Township v. State Boundary Commission

96 Mich. App. 736 · Michigan Court of Appeals · Apr 21, 1980

The general rule against retroactivity, however, is qualified, as explained at length in Hansen-Snyder Co v General Motors Corp, 371 Mich 480, 484-485 ; 124 NW2d 286 (1963): "Intervenors quote from 50 Am Jur, Statutes, § … "(e) Arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion.

Klammer v. Department of Transportation

141 Mich. App. 253 · Michigan Court of Appeals · Mar 4, 1985

The language of Elliott-Larsen, however, clearly excepts retirement policies and systems which apply uniformly and contain provisions for pension or other economic systems to protect the worker economically on retirement. … but the retirement board has historically applied one of three conditions to any extension: completion of a special project, retention until a suitable replacement can be made or retention for a short period of time to qualify

People v. Booker

208 Mich. App. 163 · Michigan Court of Appeals · Dec 20, 1994

Clearly, voluntary manslaughter is an intentional killing (mitigated by heat of passion), whereas involuntary manslaughter is an unintentional killing. … Hence, defendant failed to present sufficient evidence establishing the defense of duress relative to the charge of possession of a short-barreled shotgun.

Netter v. Bowman

725 N.W.2d 353 · Michigan Court of Appeals · Dec 27, 2006

Despite this irony, this Court's ruling in Jackson was clearly binding on the trial court here and is also clearly binding on this Court. [58] Thus, in light of Jackson, we are bound to follow the rule that, for an impairment … Hemker , the evidence, consisting of an MRI and x-rays, clearly established that the plaintiff suffered an objectively manifested impairment of an important body function. [67] In light of Kreiner and its progeny, we conclude