Case law

Carr v. General Motors Corp.

135 Mich. App. 226 · Michigan Court of Appeals · Jun 5, 1984

Since plaintiffs back condition with the weight lifting restriction imposed thereon is clearly related to the particular job position in question, defendant asserts that plaintiffs condition is not a handicap under the HCRA … On appeal, defendant argued that plaintiffs injury did not qualify as a "handicap” since the injury was not "unrelated” to the job. That is precisely the defense raised in the case before us.

Beach v. Lima Township

283 Mich. App. 504 · Michigan Court of Appeals · Apr 21, 2009

Here, plaintiffs did not expressly seek to alter a recorded plat. 6 hi Defendant also contends that the trial court clearly erred by finding that plaintiffs established adverse possession. We disagree. … In light of the strong evidence of plaintiffs’ uses inconsistent with the use of the areas as roads, we conclude that the trial court did not clearly err by finding that plaintiffs established clear and cogent proofs of possession

Wayne County v. Michigan State Tax Commission

261 Mich. App. 174 · Michigan Court of Appeals · Jun 8, 2004

Once again, we have all-encompassing language that clearly applies here. … Sansoucy stated that his first report did not contain information qualifying the sales; however, exhibit P-356 did qualify a few of the sales; none of the reports explained precisely how to adjust the sale for purposes of

People v. Felice

191 Mich. App. 113 · Michigan Court of Appeals · Sep 3, 1991

Judge Schnelz concluded that defendant had received ineffective assistance of counsel: The foregoing testimony clearly established that, although the prosecutor never actually promised to refrain from making a sentence recommendation … The testimony also established that Defendant relied on that belief in entering his pleas of guilty.

Newsome v. Board of State Canvassers

69 Mich. App. 725 · Michigan Court of Appeals · Jul 14, 1976

brand sold by that distributor, nor refuse to pay to the dealer its full refund value in cash, except as provided in subsection (7). (7) Every beverage container sold or offered for sale by a dealer within thisstateshall clearly … after written notice and heating afforded to the person who filed the origmal application for certification of the beverage container under this section, the commission determines that the beverage container is no longer qualified

Farm Bureau Mutual Insurance v. Porter & Heckman, Inc.

220 Mich. App. 627 · Michigan Court of Appeals · Mar 18, 1997

The DEC moved for summary judgment, arguing that it was entitled to immunity and its only connection to the hazardous waste site at issue resulted from its remedial cleanup efforts. … Subsection a, however, is clearly inapplicable. The terms “owner” and “operator” are defined under the mera in the present tense, see MCL 299.603(t)-(u); MSA 13.32(3)(t)-(u).

Blue Cross & Blue Shield v. Insurance Commissioner

139 Mich. App. 109 · Michigan Court of Appeals · Oct 17, 1984

She also held that BCBSM failed to establish that the use of such factors was appropriate. … She clearly held that several independently sufficient reasons existed for disapproving the rates.

TUCKER & ASSOCIATES, INC. v. Allied Chucker Co.

235 Mich. App. 550 · Michigan Court of Appeals · Jun 22, 1999

Contrary to defendant's assertion, plaintiff moved to have Markowski qualified as an expert in accounting. Thereafter, the trial court qualified Markowski as an expert witness in certified public accounting. … With these facts established, I next address the pivotal question: When did plaintiff's claim accrue?

Williams v. AAA MICHIGAN

250 Mich. App. 249 · Michigan Court of Appeals · Jun 14, 2002

Had defendant entertained plaintiff’s wish that it remodel the house that he currently owns, plaintiff clearly would have retained title to his remodeled home. … This Court reviews for clear error a trial court’s finding whether a communication qualifies as reasonable proof of the fact or amount of a claim. Sharp, supra at 516-517 .

Myair Barnett v. Deja Shardonnay Jackson

Michigan Court of Appeals · Sep 2, 2021

The accident was clearly caught on camera, and is shown in both videos provided to this Court. … The student’s parents sued the coach and the driver of the vehicle that hit the student, and the coach moved for summary disposition based on governmental immunity. Id. at 60.

Ramirez v. Bureau of State Lottery

186 Mich. App. 275 · Michigan Court of Appeals · Nov 19, 1990

He must establish the terms of the instrument, and his ownership, and must account for its absence. … In response to interrogatories, defendant stated that tickets qualifying for more than $5,000 must be presented to its Lansing office for validation and payment of a prize.

Sharyn Schemahorn v. City of Niles

Michigan Court of Appeals · Mar 10, 2022

Accordingly, they assert that governmental immunity does not bar their suit under the motor vehicle exception to governmental immunity. We disagree. … In fact, the officers’ vehicle was far enough behind Walker’s that the collision was not clearly visible on the dashcam.

Naccarato v. Grob

12 Mich. App. 130 · Michigan Court of Appeals · Sep 10, 1968

Such a determination is within the purview of the trial court, not the jury, and will not be disturbed on appeal unless clearly erroneous. See 8 ALR2d 772; People v. Hawthorne (1940), 293 Mich 15 ; Perri v. … It was the opinion of the trial court that the expert witness was not competent or qualified to testify as to the actual practices of pediatricians in the Detroit area, so plaintiff was non-suited despite the jury decision

Oakland County v. Department of Mental Health

178 Mich. App. 48 · Michigan Court of Appeals · Jul 5, 1989

County community mental health programs were established" pursuant to MCL 330.1200 et seq.; MSA 14.800(200) et seq. A county program is established by a majority vote of the county board of commissioners. … In Durant, supra, p 379 , our Supreme Court noted that this section clearly reflected an effort on the part of the voters to forestall any attempt by the Legislature to shift responsibility for services to the local government

Federal Home Loan Mortgage Ass'n v. Kelley

306 Mich. App. 487 · Michigan Court of Appeals · Aug 26, 2014

As the United States Court of Appeals for the Ninth Circuit stated in Hall v American Nat’l Red Cross, 86 F3d 919, 922 (CA 9, 1996), “Government-created corporations are often held to be tax-immune government instrumentalities … See, e.g., 12 USC 4501; American Bankers Mtg Corp v Fed Home Loan Mtg Corp, 75 F3d 1401 , 1406-1407 (CA 9, 1996) (“The congressional purposes for Freddie Mac are clearly designed to serve the public interest by increasing

Thompson-McCully Quarry Co. v. Berlin Charter Township

259 Mich. App. 483 · Michigan Court of Appeals · Feb 11, 2004

Plaintiff Thompson-McCully Quarry Company appeals as of right from a order granting defendant Berlin Charter Township summary disposition of plaintiffs complaint for declaratory relief, which sought to establish plaintiffs … The term “the road” in the context of the first sentence of subsection 18(5) qualifies as ambiguous, and consequently is susceptible to interpretation in this case, because reasonable minds can differ regarding its meaning

Bill & Dena Brown Trust v. Garcia

312 Mich. App. 684 · Michigan Court of Appeals · Oct 20, 2015

While the quitclaim deed clearly diminishes the amount of property subject to distribution according to its terms, the trust itself was not modified. … Second, our Supreme Court, in discussing the elements necessary to establish a presumption of undue influence, clearly states that for the presumption to be “brought to life,” i.e., to apply, evidence must be introduced that

Estate of Miracle Jamerson v. City of Detroit

Michigan Court of Appeals · Jan 14, 2026

See Estate of Pearce v Eaton Co Rd Comm, 507 Mich 183, 195; 968 NW2d 323 (2021) (stating that, “the Court of Appeals is bound to follow decisions by this Court except where those decisions have clearly been overruled or superseded … On the basis of the pleadings alone, however, plaintiffs’ reliance on the officers’ violations of police department policy did not establish a concerted action to accomplish a criminal or unlawful purpose, or a lawful purpose

in Re Koehler Estate

314 Mich. App. 667 · Michigan Court of Appeals · Mar 24, 2016

BACKGROUND LAW Bierkle asserts that the probate court clearly erred when it found that Carl Umble was the natural father of Carl Koehler. … The burden of establishing heirship is on the petitioner.

Farm Credit Services v. Weldon

591 N.W.2d 438 · Michigan Court of Appeals · Feb 23, 1999

As a matter of law, plaintiff's refusal to relinquish its bargained-for rights in collateral does not qualify as bad faith. … The majority holds that plaintiff's refusal to relinquish its bargained-for rights in collateral does not qualify as bad faith.