Case law

Ass'n of Businesses Advocating Tariff Equity v. Public Service Commission

219 Mich. App. 653 · Michigan Court of Appeals · Jan 24, 1997

The MCV’s plant is a qualifying cogeneration facility (qf) for purposes of the federal Public Utility Regulatory Policies Act of 1978 (purpa), PL 95-617, 92 Stat 3117. … However, if the PSC did intend to make that kind of momentous change in its previous practice, one might reasonably expect the PSC to indicate clearly and expressly its intention to do so.

McCartney v. Attorney General

231 Mich. App. 722 · Michigan Court of Appeals · Dec 18, 1998

For that reason, we cannot conclude that his actions were clearly ultra vires. … No in camera review was necessary to determine if the memoranda qualified for disclosure under § 11 of the FOIA.

Goodwin v. Schulte

115 Mich. App. 402 · Michigan Court of Appeals · Apr 21, 1982

With the July 9, 1975, addition of § 2 to MCL 600.5838; MSA 27A.5838, the tolling period of the statute is reduced to six months from the two years established by Dyke . … Nonetheless, since the action in Boyer actually accrued before the amendment, the old tolling period from Dyke was deemed applicable. 3 The trial court stated that the complaint was deficient in that it *411 did not clearly

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.

Eben Ford v. Jimmy Bynum

Michigan Court of Appeals · Dec 28, 2023

to overcome governmental immunity. … “In order to assert a viable claim against a governmental agency, a plaintiff must plead facts establishing that an exception to governmental immunity applies to his or her claim.” Id. at 420.

Jozwik v. Employment Security Commission

30 Mich. App. 506 · Michigan Court of Appeals · Feb 16, 1971

was in active progress in the establishment of Edison was a labor dispute in an establishment which did not belong to the same employing unit (Myers) by whom the claimants were employed. … It clearly and necessarily spells out and defines when an individual shall be deemed unemployed.

Penn School District No. 7 v. Lewis Cass Intermediate School District Board of Education

14 Mich. App. 109 · Michigan Court of Appeals · Oct 25, 1968

The present action clearly meets the above test. As previously noted, it is not required that proceedings under CLS 1961, § 600.4545, supra, be preceded by an application to the Attorney General or county prosecutor. … follows: “Act 289 establishes the purposes, limitations and goals within which the state and intermediate committees are to work.

Taxpayers for Michigan Constitutional Govt v. State of Michigan

Michigan Court of Appeals · Oct 29, 2019

A PSA, its incorporators, board members, officers, employees and volunteers are covered by governmental immunity. MCL 380.503(8). … It may also “solicit and accept any grants or gifts for educational purposes and to establish or permit to be established on its behalf 1 or more nonprofit corporations the purpose of which is to assist the public school

In re Draves Trust

298 Mich. App. 745 · Michigan Court of Appeals · Dec 6, 2012

She had established a trust that was to benefit her friends, Agnes Draves and Robert Draves, Sr. … By-entering into the settlement agreement, the parties clearly entered into a contract to resolve all pending disputes.

Dancey v. Travelers Property Casualty Co. of America

288 Mich. App. 1 · Michigan Court of Appeals · Apr 6, 2010

Therefore, plaintiff claimed, she qualified as an insured for the purpose of entitlement to UIM benefits. … The witness’s testimony “establishe[d] a continuous sequence of events with a clearly definable beginning and ending, resulting in plaintiffs coming into contact with the piece of metal.” Id.

Demski v. Petlick

309 Mich. App. 404 · Michigan Court of Appeals · Mar 5, 2015

Joseph Demski, MP’s biological father, sought to establish a role for himself in MP’s life. … In my view, the trial court clearly and substantially erred by relying on a limited record to decide the issues of custody and parenting time.

Blackwell v. Secretary of State

50 Mich. App. 204 · Michigan Court of Appeals · Oct 31, 1973

Clearly, to have done so would have been error. … "The trial judge held that Probst had qualified as an expert.

Michigan Immigrant Rights Center v. Governor

Michigan Court of Appeals · May 30, 2024

In 2017, it established a “Farmworker and immigrant rights” (FWIR) program to provide certain legal services. … , are fundamental to sovereign immunity law.”

Falcon v. Memorial Hospital

178 Mich. App. 17 · Michigan Court of Appeals · Jul 5, 1989

Part way through trial, the trial court granted a directed verdict in favor of defendants Memorial Hospital and Kelso, having ruled that plaintiff’s experts were not qualified to testify and that plaintiff had therefore failed … Such testimony imports clearly that a patient suffering from such an injury, on calling a physician, is entitled to approved methods of treatment from which experience of the profession indicates beneficial results are probable

Carpenter v. Consumers Power Co.

230 Mich. App. 547 · Michigan Court of Appeals · Sep 29, 1998

A trial court’s finding that a claim is frivolous will not be reversed on appeal unless it is clearly erroneous. Id. at 266 . … After reviewing the record, we conclude that Behr was qualified as an expert. He holds a doctorate degree in agricultural economics from the University of Wisconsin.

Hill v. Citizens Insurance Co. of America

157 Mich. App. 383 · Michigan Court of Appeals · Jan 21, 1987

It is still necessary that the proofs establish a substantial physical nexus between the disappearing vehicle and the object cast off or struck. … But inferred facts do not show a clearly definable beginning and ending of a contemporaneously occurring chain of events. [Kersten, 472.]

Craig Murawski v. City of Essexville

Michigan Court of Appeals · Jan 22, 2019

Summary disposition under MCR 2.116(C)(7) may be granted when “immunity granted by law” bars a claim. … Thus, the contradictory factual accounts qualify as a genuine issue of material fact.

Keiswetter v. City of Petoskey

124 Mich. App. 590 · Michigan Court of Appeals · Apr 5, 1983

This will be a question of fact to be determined on the basis of a record to be established from the actual operation of such fire fighting center. … The test is whether, on the pleadings, plaintiff’s claim is so clearly unenforceable as a matter of law that no factual development can possibly justify a right to recovery. 2 All well-pleaded allegations in the complaint

Gail Foster v. Kevin Szlaga

Michigan Court of Appeals · Mar 1, 2016

Summary disposition pursuant to MCR 2.116(C)(7) is appropriate, as it relates to this case, when the undisputed facts establish that the plaintiff’s claim is barred by governmental immunity. … In his answers to Foster’s interrogatories, Szlaga clearly explained that he was responsible for maintaining his relationship with Zeke as well as feeding and grooming Zeke at all times.

Michigan Dental Assistants Ass'n v. State Board of Dentistry

89 Mich. App. 393 · Michigan Court of Appeals · Apr 2, 1979

Their functions are quite limited with supervision clearly defined. The personnel per *398 forming the procedures under § 9a(2) are described as "licensed dental assistant” and "dental hygienists”. … The rules as established by the Board are in accordance with the subject statutory scheme.