Case law

Gilroy v. Conway

151 Mich. App. 628 · Michigan Court of Appeals · May 19, 1986

Plaintiff was an established commercial photographer in Kalamazoo who also had a partnership interest in another photography business, Colonial Studios, in Coldwater. … That valuation is clearly highly inflated and is unsubstantiated by any evidence.

People of Michigan v. Tara Lavette Sullivan

Michigan Court of Appeals · Oct 28, 2014

Transactional immunity is broader than use immunity because it provides a complete bar to prosecution for the offense related to the immunity. People v Schmidt, 183 Mich App 817, 826; 455 NW2d 430 (1990). … The trial court did not clearly err in finding that the transactional and use immunity granted to Cortez was sufficient to dispel the prosecutor’s unintentional intimidation of Cortez.

People of Michigan v. Charles William Wood

321 Mich. App. 415 · Michigan Court of Appeals · Sep 19, 2017

The Court explained: In this case, the prosecution's own action clearly rendered its subsequent appeal moot. … The Court's focus in Richmond was clearly on the prosecution's actions. In this case, the prosecution did not seek a dismissal. The order clearly states that it was defendant's motion.

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.

Czars, Inc v. Department of Treasury

233 Mich. App. 632 · Michigan Court of Appeals · Apr 21, 1999

Rather, the evidence here establishes that Cheema owned and controlled both Grand Aire and petitioner. … The Ann Arbor Court clearly intended that taxpayers not be able to assert or disregard arbitrarily their chosen corporate structures to suit the occasion.

Bailey v. Muskegon County Board of Commissioners

122 Mich. App. 808 · Michigan Court of Appeals · Feb 8, 1983

The sales tax is clearly defined as a tax on a "sale at retail” involving the transfer of ownership of tangible property. … There is nothing in the record at this time that establishes such an invalidity.

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

Estate of Dorothy Lollar 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.

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).

People v. Short

289 Mich. App. 538 · Michigan Court of Appeals · Aug 26, 2010

Thus, regardless of which version of events is true, the search was clearly valid under caselaw existing at the time of the search. … [Leon, 468 US at 919 ], Relying upon the settled case law of a United States Court of Appeals certainly qualifies as objectively reasonable law enforcement behavior.

Davis v. State Employees' Retirement Board

272 Mich. App. 151 · Michigan Court of Appeals · Nov 22, 2006

As indicated above, petitioner actually filed an application *155 in August 2002, outside the one-year application deadline, but within the two-year alternative period, necessitating the establishment of good cause, assuming … In Pohutski, supra at 678-679 , our Supreme Court, overruling prior case law, held that a trespass-nuisance exception to governmental immunity does not exist in Michigan, but it limited the holding to prospective *164 application

Yamaha Motor Corp., USA v. Tri-City Motors & Sports, Inc.

171 Mich. App. 260 · Michigan Court of Appeals · Sep 7, 1988

The decision of the trier of fact regarding a party’s good faith, or lack of good *272 faith, will not be reversed on appeal unless clearly erroneous. 1 Anderson, Uniform Commercial Code (3d ed), § 1-103:56, p 100. … Yamaha did not qualify because, as previously mentioned, its security interest had not attached (and, consequently, was not perfected) at the time Hamblen received the motorcycles.

In Re Utrera

281 Mich. App. 1 · Michigan Court of Appeals · Sep 23, 2008

Ball-Tyler described the child as disheveled and indicated that she *6 had not received most of her immunizations, had a drifting eye, and she required dental care. … The absence of good cause was established by clear and convincing, legally admissible evidence.

Slater v. Ann Arbor Public Schools Board of Education

250 Mich. App. 419 · Michigan Court of Appeals · Jun 26, 2002

Members and beneficiaries of any pension or retirement system or other benefits established by the acquired system shall continue to have rights, privileges, benefits, obligations and status with respect to such established … Likewise, in the absence of a transferred function, plaintiffs do not qualify as “affected employees” and are not entitled to the protections afforded by the itfra.

Mary Free Bed Rehab Hosp v. Farmers Ins Group of Companies

Michigan Court of Appeals · Dec 22, 2015

By including such language, the Legislature clearly contemplated that persons other than an out-of-state insurer's insureds may have a right to recover benefits from the out-of state insurer. 1 Subsection … Assuming for the sake of argument that Jason did not qualify as an insured under the various definitions in the insurance policy, he was nonetheless an insured under the policy by operation of Michigan law pursuant to MCL

Andrew P Campbell v. Department of Treasury

Michigan Court of Appeals · Feb 4, 2020

When examined in light of the preceding subsections, subsection 4 clearly works in harmony with them to create a uniform taxation scheme that promotes ease of administration. … Thus, in subsection 2, the legislature took great pains to establish a clear and easily administered comprehensive formula for a uniform effective date of an exemption.

State Highway Commission v. Abood

83 Mich. App. 612 · Michigan Court of Appeals · May 24, 1978

The purchase price simply had no probative value where gasoline was clearly in abundance in 1968 but in severe shortage in 1973. … Clearly, defendants in this case had ample opportunity to prove lack of good faith.

Kulek v. City of Mount Clemens

164 Mich. App. 51 · Michigan Court of Appeals · Jul 9, 1987

Clearly, this provision requires the certification of *57 the person who received the highest test score. … If the hiring provision of 1935 PA 78 were exclusively applicable here, clearly, the commission would have no authority to bypass plaintiff and hire Dwayne Thompson under the plan.

People v. Mitchell

233 Mich. App. 604 · Michigan Court of Appeals · Feb 2, 1999

The value of openness lies in the fact that people not actually attending trials can have confidence that standards of fairness are being observed; the sure knowledge that anyone is free to attend gives assurance that established … The appellate court determined that the trial court’s order was overbroad for these purposes: *617 Less restrictive alternatives are clearly available for each of these claimed threats.

People v. Worrell

111 Mich. App. 27 · Michigan Court of Appeals · Nov 2, 1981

Traditionally, Michigan has clearly recognized that an information charging statutory rape necessarily embraces the lesser included offense of as *32 sault with intent to commit rape. … Thus, it qualifies as admissible to show defendant’s intent, plan, or scheme to accomplish sexual penetration in the instant sexual act.