Case law

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.

Yvette M Cormier v. Pf Fitness-Midland LLC

Michigan Court of Appeals · Jul 26, 2018

(t) Entering into a consumer transaction in which the consumer waives or purports to waive a right, benefit, or immunity provided by law, unless the waiver is clearly stated and the consumer has specifically … Nor has plaintiff explained how any such right, benefit, or immunity provided by law has been waived or purportedly waived in a manner that was not clearly stated and to which she did not specifically consent.

Schunk v. Zeff & Zeff, PC

109 Mich. App. 163 · Michigan Court of Appeals · Sep 9, 1981

Clearly, an adverse party is not an intended beneficiary of the adverse counsel’s client. … The court found that an adverse party clearly is not an intended beneficiary of the adverse counsel’s client.

Worthington v. City of Kalamazoo

71 Mich. App. 646 · Michigan Court of Appeals · Oct 19, 1976

Plaintiff has failed to meet the burden of establishing constitutional invalidity. … It is clearly within the defendant city’s authority to control towing within its boundaries.

New Democratic Coalition v. Secretary of State

41 Mich. App. 343 · Michigan Court of Appeals · Jun 19, 1972

Austin-Kleiner plan implemented in 1964 using 1960 census data satisfied the standards of Reynolds v Sims, 377 US 533 ; 84 S Ct 1362 ; 12 L Ed 2d 506 (1964), plaintiffs’ counsel continued to maintain that the districts established … That is clearly not the fact situation before this Court.

Estate of Shaun M Tschirhart v. City of Troy

Michigan Court of Appeals · Dec 17, 2019

A motion under subrule (C)(8) is reviewed “to determine whether the claim is so clearly unenforceable as a matter of law that no factual development could establish the claim and justify recovery. … Defendants’ motions were not based on plaintiff’s inability to establish factual support for her claim, but rather on plaintiff’s failure to allege sufficient facts to state a claim in avoidance of immunity.

Warren City Council v. Sonja Buffa

Michigan Court of Appeals · Apr 21, 2023

They maintained that legislation generally is to be given only prospective effect unless clearly indicated, and here, a clear directive of retroactivity was absent. … The court concluded that the Council had not established the “clear legal right” element of a mandamus action.

Wilks v. Taylor School District

174 Mich. App. 232 · Michigan Court of Appeals · Oct 5, 1988

Villamin, M.D., had determined that plaintiff did not qualify for the bus-driver position because x-rays of plaintiff’s spine revealed "moderate levoscoliosis with mild degenerative changes in small lipping, with *235 moderate … Regarding this subrule, certain standards are well established: A motion for summary disposition under MCR 2.116(0(10) tests the factual support for a claim.

Michigan Ass'n of Chiropractors v. Blue Care Network of Michigan, Inc.

300 Mich. App. 577 · Michigan Court of Appeals · Apr 18, 2013

Accordingly, he is not qualified to represent Class 1, and the trial court should not have certified Class 1 as defined in the complaint with Dr. Griffiths as its representative. A&M Supply Co, 252 Mich App at 598. … While this conduct *595 clearly includes receiving and then denying applications for membership, it also includes any policy or practice of refusing to make applications available to chiropractors.

Ruthann O'Brien v. Jesse D Emmons

Michigan Court of Appeals · Apr 21, 2022

Defendant argues that, pursuant to MCL 600.5821(2), it is immune from plaintiffs’ claims. … However, there is clearly a dispute about the location of the road at issue.

Altman v. City of Lansing

115 Mich. App. 495 · Michigan Court of Appeals · Apr 22, 1982

Absent a congressional waiver of sovereign immunity, a federal official cannot be sued for exercising his authority in an unlawful manner where there is no allegation that the actions undertaken were unconstitutional. … It does not appear from the bill or exhibits how the establishment of the system and carrying out the provisions of the ordinance under attack will increase the cost of or the burden on the taxpayers resulting from police

Monroe Cnty. Prosecutor v. Spears (In re Spears)

325 Mich. App. 54 · Michigan Court of Appeals · May 10, 2018

The TAP analyzes the prisoner's risk factors, sets goals to decrease those risks, and establishes a plan for the prisoner to reach his or her goals. Id . [ Haeger , 294 Mich. … In this case, the record clearly reveals that the Board demonstrated that a TAP was prepared for this defendant.

Mary Ann Hegadorn v. Department of Human Services Director

Michigan Court of Appeals · Jul 27, 2017

The trust was established by the Claimant’s spouse. The trust was established/amended on or after August 11, 1993. The trust was not established by will. … If Medicaid applicants have sufficient assets, income or insurance to pay for health care they do not qualify for the Medical Assistance program.

Saginaw County v. John Sexton Corp.

232 Mich. App. 202 · Michigan Court of Appeals · Jan 15, 1999

These ordinance penalties clearly exceed those authorized by the Legislature and are therefore preempted and unenforceable. 3 Llewellyn, supra at 322 . … Several sections of the act establish fees.

In Re Brenda Sue Grettenberger Dvm

Michigan Court of Appeals · Dec 16, 2025

Mata was qualified to perform the task that respondent delegated to her. … Lastly, the Bureau argues that “even if expert testimony were required to establish [that respondent] violated sections 16221(a) and (b)(i) of the Code, it was not required to establish that she violated MCL 333.16221(h).

Yvette M Cormier v. Pf Fitness-Midland LLC

Michigan Court of Appeals · Jul 26, 2018

(t) Entering into a consumer transaction in which the consumer waives or purports to waive a right, benefit, or immunity provided by law, unless the waiver is clearly stated and the consumer has specifically … Nor has plaintiff explained how any such right, benefit, or immunity provided by law has been waived or purportedly waived in a manner that was not clearly stated and to which she did not specifically consent.

Chen v. Wayne State University

284 Mich. App. 172 · Michigan Court of Appeals · Jun 2, 2009

In his reply to this motion, Chen argued that the University was not immune because its conduct amounted to a taking of private property for which compensation must be paid. … In order to establish a claim under both MCL 37.2202 and MCL 37.2701, the plaintiff must establish that he or she suffered an adverse employment action.

Roselyn Ford v. Department of Health and Human Services

Michigan Court of Appeals · Jul 27, 2017

The trust was established by the Claimant’s spouse. The trust was established/amended on or after August 11, 1993. The trust was not established by will. … If Medicaid applicants have sufficient assets, income or insurance to pay for health care they do not qualify for the Medical Assistance program.

Oakland County Commissioner v. Oakland County Executive

98 Mich. App. 639 · Michigan Court of Appeals · Jul 18, 1980

Constitutionality of 1973 PA 139 Const 1963, art 7, § 1 provides that: "Each organized county shall be a body corporate with powers and immunities provided by law.” … We therefore conclude that the optional unified form of county government is clearly authorized by the Constitution of 1963; specifically, art 7, §§ 2, 7, and 8. *649 Since the Constitution allows for the establishment of

People of Michigan v. Elamin Muhammad

326 Mich. App. 40 · Michigan Court of Appeals · Oct 2, 2018

The trial court did not clearly err in its findings that the STRmix methodology has been subjected to peer review. Dr. … Buckleton, the mathematics underlying STRmix is the Monte Carlo Markov Chain (MCMC), a well-established scientific principle that is used in weather forecasting, genetics, engineering, the stock market, and other well-established