Case law

Johnson v. Michigan Mutual Insurance

180 Mich. App. 314 · Michigan Court of Appeals · Sep 19, 1989

A "medically indigent” individual is defined as one whose "need for the type of medical assistance available under this act for which application has been made has been professionally established and payment for it is not … Workman v DAIIE, 404 Mich 477, 501-502 ; 274 NW2d 373 (1979). 1 It is irrelevant that plaintiff would have qualified as medically indigent under the Medicaid statute had he not been injured by an automobile, since the fact

McDonald v. Grand Traverse County Election Commission

255 Mich. App. 674 · Michigan Court of Appeals · May 15, 2003

McDonald argues that this was unfair because candidates affiliated with a political party were “immunized” from voter roll-off, while he was not. 2. … Interrogatories 29 and 33 clearly could not be answered with a simple yes or no response.

Aikens v. Department of Conservation

28 Mich. App. 181 · Michigan Court of Appeals · Feb 10, 1971

In order for the plaintiffs to maintain a cause of action upon which relief could be granted, it is necessary to establish that they either had legal title to, or a right to possession of, the fish. … Soule (1927), 238 Mich 130 , we said: “ ‘This conservation legislation is clearly an exercise of the police power inherent in the State. The wild game and fish (ferae naturae) within its confines belong to the State.

Independence Township v. Skibowski

136 Mich. App. 178 · Michigan Court of Appeals · Jul 9, 1984

The trial court qualified the witness as an expert witness. … MCL 125.294; MSA 5.2963(24) eliminates the necessity that plaintiff establish a nuisance in fact before being entitled to relief.

Barbara Baker v. Charter Township of Van Buren

Michigan Court of Appeals · Mar 20, 2018

Ross provides qualified immunity from intentional tort liability for government employees. Id. at 473. … The Court clearly stated, “The Constitution does not compel so rigid a schedule, however.” Id.

Luckow Estate v. Luckow

291 Mich. App. 417 · Michigan Court of Appeals · Jan 27, 2011

As demonstrated earlier, Judge Skutt clearly acknowledged that he had the authority to increase spousal support after it had been abated to zero and even though the payor spouse had since died; in his discretion, considering … of proceeds from the sale of plaintiffs interest in Metal Prep Technology, which was also awarded to him as part of the property division, and his profit-sharing account in Metal Prep Technology, which was subject to a qualified

Trugreen Limited Partnership v. Department of Treasury

Michigan Court of Appeals · Apr 10, 2020

to a plant,”1 and the phrase “of the soil” seems clearly to mean that the living being or entity comes from, lives in, is connected with, or is otherwise related to soil. … Frankly, one has to wonder how the Legislature could have more clearly evidenced that a broad meaning was intended.

Gogebic County Clerk v. Gogebic County Board of Commissioners

102 Mich. App. 251 · Michigan Court of Appeals · Dec 3, 1980

If it is established that immediate action is necessary, the order shall issue. GCR 1963, 714.2(1). … The only substantive amendments which were made through the years in *264 volved the qualifying characteristics of the counties whose boards may appoint a controller ( 1927 PA 257 ; 1929 PA 132 ; and 1969 PA 49 ), and the

Rock v. Crocker

308 Mich. App. 155 · Michigan Court of Appeals · Nov 18, 2014

This reading more clearly demonstrates that the plain language of the second sentence of MCL 600.2169(1)(a) is an extension of the first. … In response, plaintiff acknowledged that Goral’s statements, on their own, were insufficient to establish that the two alleged breaches caused plaintiff injury.

People of Michigan v. Colby Anthony Skippergosh

Michigan Court of Appeals · Oct 28, 2024

The fact that defendant dropped the baby while intoxicated clearly showed a lack of care for the well-being of others in the apartment, to the point where physical injury was a possibility. … The trial court prefaced its statement about attempted choking with the qualifier “[i]t is supported that.”

Brenda Stumbo v. Karen Lovejoy Roe

Michigan Court of Appeals · Jun 5, 2020

Royal on “the 21st day of April, 2020.”3 The township clerk accepted Roe’s AOI for filing and qualified Roe as a candidate for the office of Ypsilanti Township Clerk. … When a statute’s language is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute 3 On April 8, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-41 in response

People of Michigan v. Joel Hosea Harding

Michigan Court of Appeals · Jul 10, 2025

Defendant lacked the expertise to establish that he was legally insane under the legal definition of the term or even that he had a qualifying mental illness. … But the record does not indicate that an order granting immunity was provided in this case. In fact, there is no indication that JH was granted immunity under a court order.

Michigan Milk Producers Ass'n v. Department of Treasury

242 Mich. App. 486 · Michigan Court of Appeals · Nov 16, 2000

Subsection 4(f) has two basic requirements in order to qualify for the exemption. First, the subject property must be sold to a person “engaged in a business enterprise.” … The testing establishes the identity and confirms the safety of the raw milk produced on the farm.

Mooi Roofing Co. v. De Young

9 Mich. App. 295 · Michigan Court of Appeals · Dec 8, 1967

“Although Garmon significantly enlarged the primary jurisdiction of the NLRB, it clearly established two exceptions to the basic rule of pre-emption. … United Plant Guard Workers, supra, at p 61. 15 “The most repulsive speech enjoys immunity provided it falls short of a deliberate or reckless untruth.

In Re Investigative Subpoenas

286 Mich. App. 201 · Michigan Court of Appeals · Nov 19, 2009

To achieve this goal, the MCFA establishes rigorous rules applicable to certain election campaigns. … But the authority of the Secretary of State clearly does not encompass the prosecution of election-law-related crimes.

Drake v. Citizens Insurance Co. of America

270 Mich. App. 22 · Michigan Court of Appeals · May 11, 2006

If the evidence fails to establish a genuine issue of material fact, the moving party is entitled to judgment as a matter of law. Id. *25 III. … Thus it is apparent that if a vehicle is “parked” coverage otherwise available under § 3105(1) is qualified by the provisions of § 3106(1).

Dauer v. Zabel

9 Mich. App. 176 · Michigan Court of Appeals · Mar 6, 1968

One question remains: does GCR 1963, 508 qualify as a law within the meaning of the term “prescribed by law” under Const 1908, art 2, § 13? … Findings of fact shall not be set aside unless clearly erroneous.

Slayton v. Michigan Host, Inc

144 Mich. App. 535 · Michigan Court of Appeals · Aug 5, 1985

Were it otherwise, an employer in an industry replete with discriminatory practices could be found immune from liability because such was the customary practice. … Further, the letter that was read to the jury was clearly inadmissible hearsay. This letter consisted of out-of-court statements and was offered into evidence to prove the truth of the matters asserted therein.

Teddy v. Department of State Police

102 Mich. App. 412 · Michigan Court of Appeals · Dec 15, 1980

Although the stipulation does not expressly state that the pension was either a retirement or disability pension, the documents attached to the stipulation, incorporated by reference, establish clearly that the pension was … These same provisions also apply to the widow of an officer killed in line of duty, or dying of natural causes after completing sufficient years of service to qualify the widow for a pension.” (Emphasis supplied.)

Houdek v. Centerville Township

276 Mich. App. 568 · Michigan Court of Appeals · Nov 27, 2007

All statutes and ordinances are presumed to be constitutional and are construed so unless their unconstitutionality is clearly apparent. … “(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?”