Case law

Martha Cavill v. State of Michigan

Michigan Court of Appeals · Sep 15, 2022

Our Supreme Court granted leave in both cases and in its opinion explained: [W]hile MCL 600.6431 does not “confer governmental immunity,” it establishes conditions precedent for avoiding the governmental … It is well established that governmental immunity is not an affirmative defense, but is instead a characteristic of government. Mack v Detroit, 467 Mich 186, 198; 649 NW2d 47 (2002).

Corning, Inc v. Department of Treasury

212 Mich. App. 1 · Michigan Court of Appeals · Jul 7, 1995

On appeal, the United States Supreme Court employed similar reasoning in determining that the taxpayer had failed in its effort to qualify for constitutionally required relief from three-factor apportionment. … Coming’s claim is so clearly unenforceable as a matter of *12 law that no development of the facts alleged 6 could possibly justify a right to recovery.

West Michigan Film LLC v. James W Metz II

Michigan Court of Appeals · Jun 22, 2017

Pursuant to MCL 208.1457, such investment might qualify for an infrastructure tax credit. … The court first ruled that Motley had qualified immunity for the federal false arrest and malicious prosecution claims, because when “[e]xamining the totality of the evidence in this factually complex case, the Court cannot

In Re W Metcalf Minor

Michigan Court of Appeals · Mar 25, 2025

Despite the short time frame, DHHS, during its investigation, among other things: (1) established verbal and written safety plans placing WM with her maternal grandmother; (2) interviewed WM’s parents, grandparents, and the … The record clearly demonstrates otherwise. WM presented to the hospital twice in a short period of time with severe, nonaccidental injuries.

Stewart v. Royal Oak Township Clerk

16 Mich. App. 434 · Michigan Court of Appeals · Mar 24, 1969

A quorum was established by the presence of the supervisor, the acting treasurer and two trustees. … Clearly under statute and under the Kennedy Case, the deputy clerk is vested with legislative powers and may sit as a voting member of a township board in the absence of the township clerk.

P Linda Molitoris v. Saint Mary Magdalen Catholic Church

Michigan Court of Appeals · Jan 4, 2024

The doctrine of charitable immunity met the same fate in Parker v Port Huron Hosp, 361 Mich 1, 25; 105 NW2d 1 (1960). … Historically, many rationales were advanced in support of charitable immunity; Parker discusses a sampling. Id. at 11-16.

Ronald Jordan v. Dennis L Kendall

Michigan Court of Appeals · Nov 2, 2023

Kendall also argued that governmental immunity precluded Jordan’s claim for money damages because he performed a governmental function when addressing Jordan’s grievance, and that Jordan failed to plead in avoidance of immunity … He sought to add a gross-negligence claim to avoid immunity, in response to a claim in Kendall’s dispositive motion.

State Highway Commissioner v. Flanders

5 Mich. App. 572 · Michigan Court of Appeals · Jan 10, 1967

No case cited in appellant’s brief, however, establishes such a rule of law. … The amount of the award was clearly within the range of testimony. The award to the Flanders is affirmed. Costs to appellees. 2.

Lucas v. Wayne County Board of County Road Commissioners

131 Mich. App. 642 · Michigan Court of Appeals · Jan 31, 1984

Carried to its logical extension, defendants’ position would give every department not specifically named as subject to the CEO’s removal powers the opportunity to claim exemption or immunity from such powers. *657 We do … That act continues in force and establishes the status of road commissioners for all regular counties.

Utopia Gardens LLC v. Marijuana Regulatory Agency

Michigan Court of Appeals · May 6, 2021

-2-  a copy of the application to the municipality in which the marihuana establishment is to be located, determine whether the applicant and the premises qualify … This Court first considers the statutory language itself; if the language is unambiguous, we will conclude that the Legislature intended the clearly expressed meaning and enforce the statute as written, Ford Motor Co v Dep

West Michigan Film LLC v. James W Metz II

Michigan Court of Appeals · Jun 22, 2017

Pursuant to MCL 208.1457, such investment might qualify for an infrastructure tax credit. … The court first ruled that Motley had qualified immunity for the federal false arrest and malicious prosecution claims, because when “[e]xamining the totality of the evidence in this factually complex case, the Court cannot

People v. Calloway

169 Mich. App. 810 · Michigan Court of Appeals · Jul 18, 1988

In exchange for testifying against defendant, Jones received immunity from prosecution for any involvement in the instant case. … More specifically, defendant does not argue that the prosecutor failed to establish the requisite elements of first-degree murder.

in Re Rayola a Banfield Revocable Trust

Michigan Court of Appeals · May 24, 2016

(vi) Instruct a trustee and determine relative to a trustee the existence or nonexistence of an immunity, power, privilege, duty, or right. (vii) Release registration of a trust. … to establish reasonableness in this case.

Holbrook v. General Motors Corp.

204 Mich. App. 637 · Michigan Court of Appeals · Apr 19, 1994

Under § 361(2)(1), plaintiff is entitled to 162 weeks of benefits if she can establish that she has lost eighty percent of the vision of one eye. The testimony of Dr. Sullenger and Dr. … The record clearly demonstrates, however, that plaintiff could see what she was doing, albeit not as well as she had previously.

Estate of Paul M Byrnes v. Promedica Health Systems Inc

Michigan Court of Appeals · Sep 5, 2019

Defendants argued that the bylaws did not establish a contractual relationship, -6- ProMedica was entitled to immunity under federal law and Leader was entitled to immunity … under state law or to a qualified privilege under common law, and plaintiffs had presented no evidence of defamation against ProMedica.

Diem v. Sallie Mae Home Loans, Inc

307 Mich. App. 204 · Michigan Court of Appeals · Oct 16, 2014

The circuit court concluded that plaintiff’s claims were clearly unenforceable and that no factual development could establish a cognizable claim. … Nothing in the pleadings indicates that plaintiff was qualified for a modification of the mortgage or to redeem the property. He does not claim that he was misled regarding whether a sheriff’s sale would occur.

Howard Schrock v. City of Linden

Michigan Court of Appeals · Oct 25, 2018

It does not clearly identify Ripley Road, or its eastern half, as a township or county road. … The map clearly shows only 1.5 miles of Ripley Road in green.

Harper Creek School District v. LeRoy Township Supervisor

146 Mich. App. 515 · Michigan Court of Appeals · Oct 21, 1985

Clearly, this qualifying language contemplates something more than an ongoing resolution. … Hence, plaintiff argues that the Legislature intended to give the board flexibility in establishing a summer property tax levy in that the board could establish a levy for specific years as indicated in the resolution or

Taylor v. Mobley

279 Mich. App. 309 · Michigan Court of Appeals · Jun 3, 2008

In plaintiff's view, because the jury awarded her past medical expenses only, this establishes that the jury ignored this uncontested evidence of other damages. … Additionally, no law or legal theory permits a jury to entirely disregard uncontroverted evidence of pain and suffering in a strict-liability case, on the basis of a finding that these damages qualify as "insufficiently serious

Magnetek Controls, Inc. v. REVENUE DIV., TREASURY DEP'T.

221 Mich. App. 400 · Michigan Court of Appeals · Apr 29, 1997

Id. at 331 (White, J., concurring in part and dissenting in part). 6 While clearly stating that a “slightest presence” is insufficient, the Court also stated that “the presence in the taxing State of a small sales force, … by virtue of the annual two weeks of solid sales effort, along with the activity of independent sales representatives permanently located in the states and selling plaintiff’s lines along with those of other companies, 7 qualify