Case law

Tope v. Waterford Hills Road Racing Corp.

81 Mich. App. 591 · Michigan Court of Appeals · Mar 6, 1978

A summary of the definition establishes that "public policy” evolves into constitutional provisions, statutes, and judicial decisions, " '[m]ore often * * * it abides only in the customs and conventions of the people, — in … Clearly, this would not be in the public interest.” (Emphasis added.) The Gore court granted defendant’s motion for summary judgment and dismissed plaintiffs case.

In Re Wright Estate

156 Mich. App. 1 · Michigan Court of Appeals · Nov 4, 1986

Since petitioner clearly had the power in his capacity as joint tenant to withdraw all or any part of the funds in the joint accounts, he likewise clearly had the power to terminate the joint tenancy. … As indicated, there was absolutely no evidence to establish that the funds were deposited for Mabel Wright's convenience.

Marc McCrumb v. Jamie McAloon-lampman

Michigan Court of Appeals · Aug 8, 2017

-2- plaintiff did not establish a prima facie case in that he failed to establish a causal connection between his refusal to violate the law and his termination. … cats and dogs” incident.5 While plaintiff presented evidence that defendants initiated the discipline for plaintiff’s work performance issues only after his refusal to follow the first order (which, incidentally, was the clearly

Council of Organizations v. GOV. OF MICH.

216 Mich. App. 126 · Michigan Court of Appeals · Jun 11, 1996

At the risk of belaboring the obvious, clearly, it is the Legislature’s task to define that system of public schools. … It is difficult to recognize a clearly apparent conflict where our constitution contains no mention of the contested subject matter.

Stafford's Restaurant of Bloomfield, Inc. v. West Bloomfield Township Board

82 Mich. App. 607 · Michigan Court of Appeals · Apr 17, 1978

gain the approval of the local legislative body before the Liquor Control Commission may issue a license.” 6 The discretion vested in local governing bodies with respect to applications for new, Class C, tavern licenses is clearly … Plaintiff does not contest the fact that there was already one establishment in the Orchard Mall which had a liquor license.

People v. Kimble

252 Mich. App. 269 · Michigan Court of Appeals · Oct 6, 2002

The trial court misapprehended and misapplied the law and, where the result is a sixty-month increase in defendant's sentence, we hold that defendant's rights were clearly prejudiced. [7] Clearly, the trial court, sitting … Though the prosecutor had no notice that defendant intended to assert this claim, she offered to present witness testimony to establish probable cause.

Winchester v. W a Foote Memorial Hospital

153 Mich. App. 489 · Michigan Court of Appeals · Jul 22, 1986

A full reading of the minutes of the March 13, 1985, meeting indicates that, at that meeting, the commission did not decide that the requested site could never qualify under § 5.82(4)(b) of the ordinance which requires that … interest being involved. 1 The brief of defendant hospital states this issue: "Whether the defendant planning commission’s determination that a material change in circumstances had occurred was arbitrary, capricious, or clearly

People v. Spangler

285 Mich. App. 136 · Michigan Court of Appeals · Jul 21, 2009

Regardless of the precise articulation, some statements qualify under any definition — for example, ex parte testimony at a preliminary hearing. … Clearly, the SANE examination is one geared for the *150 preparation, collection, evaluation and disposition of evidence, and all medical treatment provided is relative to the patient being a victim of a sexual crime.

Regents of the University of Michigan v. State

47 Mich. App. 23 · Michigan Court of Appeals · May 16, 1973

The holding in Weinberg, supra, is qualified in *37 State Board of Agriculture v Auditor General, 226 Mich 417 (1924), wherein the relevant statute had appropriated certain monies exclusively for use in cooperative agricultural … Such control is clearly beyond the power of the Legislature. Const. 1963, art 8, § 5 clearly vests the power to control and direct the expenditure of their institutional funds.

Raymond Weitzman v. Wyndham Pointe Subdivision Hoa

Michigan Court of Appeals · Aug 22, 2024

The trial court did not grant summary disposition on the basis of governmental immunity, and it considered evidence when it granted summary disposition. … See Associated Builders & Contractors v Lansing, 499 Mich 177, 191-192; 880 NW2d 765 (2016) (explaining that “[t]he Court of Appeals is bound to follow decisions by this Court except where those decisions have clearly been

Kimberley Gilewski v. City of Detroit

Michigan Court of Appeals · Jul 2, 2020

Summary disposition under MCR 2.116(C)(7) is appropriate where the moving party has immunity, Maiden v Rozwood, 461 Mich 109, 119; 597 NW2d 817 (1999), such as the immunity provided by the GTLA. … The City argues that plaintiffs failed to establish that it had actual or constructive notice of the sunken cold patch.

In Re hernandez/hodge/benson Minors

Michigan Court of Appeals · Oct 7, 2024

’s care was clearly erroneous. … On the record before the trial court, the court did not clearly err when it found that respondent’s belated effort to get sober was insufficient to establish that respondent would be able to safely parent the children within

Mary Lou Bonacci v. Ferris State University

Michigan Court of Appeals · Jan 13, 2015

; (3) she was qualified for the position; and (4) she was replaced by a younger person. … We concluded earlier in this opinion that plaintiffs failed to establish the trial court’s findings regarding the PWDCRA and Bullard Plawecki claims were clearly erroneous.

People v. Hanna

223 Mich. App. 466 · Michigan Court of Appeals · Aug 6, 1997

First, the police clearly had a strong and legitimate interest in executing the warrant to draw defendant’s blood as soon as possible. See Perlos, supra at 327-328 . … Nevertheless, the evidence was relevant to establish defendant’s drunkenness and lay witnesses are qualified to testify about the opinions they form as a result of direct physical observation.

In the Matter of Moore

134 Mich. App. 586 · Michigan Court of Appeals · May 14, 1984

This Court has applied both a de novo and a clearly erroneous standard of appellate re *594 view in termination cases. In the Matter of Bailey, 125 Mich App 522, 527 ; 336 NW2d 499 (1983). … We do not quarrel with this finding, but it simply does not establish long-term neglect.

Michigan Coalition for Responsible Gun Owners v. City of Ferndale

256 Mich. App. 401 · Michigan Court of Appeals · Jun 13, 2003

or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity … pistol is prohibited, MCL 28.425o(l), that list is not all-inclusive; rather “the inclusion of the language ‘and except as otherwise provided by law’ is indicative of the [legislative] intent to allow other exceptions to be established

Consumers Power Co. v. Big Prairie Township

81 Mich. App. 120 · Michigan Court of Appeals · Feb 6, 1978

Johnson was not qualified to make the appraisal because he had never previously appraised a hydroelectric project. … Clearly that is not the law. Clearly, also, the question of potential under-assessment was implicit from the beginning.

Denise Ann Middleton v. Kenneth Arthur Temple

Michigan Court of Appeals · Jul 28, 2022

And even if plaintiff had pleaded gross negligence in avoidance of immunity, plaintiff’s claim still failed because she did not establish that Temple drove the ambulance in a grossly negligent manner. … In Moraccini v City of Sterling Hts, 296 Mich App 387, 391-392; 822 NW2d 799 (2012), this Court recited the well-established principles concerning governmental immunity: Except as otherwise provided, the governmental

People of Michigan v. Aisha Tomika Williams

Michigan Court of Appeals · Dec 9, 2025

ANALYSIS Hearsay is an unsworn, out-of-court statement that is offered to establish the truth of the matter asserted. MRE 801(c). … It is also clear that the officer’s statement qualifies as an unsworn, “out-of-court” statement.

Tziahanas v. Department of Licensing & Regulation

143 Mich. App. 75 · Michigan Court of Appeals · May 20, 1985

In the absence of clearly articulated reasons, it is left to the Attorney General on appeal to advance a factual basis for the board’s decision. Respondent relies heavily on the testimony of its expert witness. … We express no opinion regarding the board’s authority to fashion a more restrictive policy regarding internships, but only hold that such a policy cannot be applied to the detriment of an applicant who is well qualified according