Case law

20241218_C369584_38_369584.Opn.Pdf

Michigan Court of Appeals · Dec 18, 2024

(e) Arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion. (f) Affected by other substantial and material error of law. … As a result, he cannot establish that the MCCC erred in dismissing his appeal on that basis. MCL 24.306(1).

Affiliated Diagnostics of Oakland v. Farmers Insurance Exchange

Michigan Court of Appeals · May 26, 2016

Oniang’o was not qualified to offer an expert opinion in this matter, and without his testimony plaintiff could not meet its burden of proof; (2) plaintiff failed to establish that the MRI services were incurred by Robinson … Oniang’o could not be qualified as an expert to testify regarding whether the MRIs were reasonable and necessary. Plaintiff, however, did not seek to qualify Dr.

DEPT. OF CON. & IND. SVCS. v. Shah

236 Mich. App. 381 · Michigan Court of Appeals · Oct 8, 1999

It would be illogical for the Legislature to establish that a certified court record that does not even mention a licensee could "conclusively" establish the licensee's liability under the Public Health Code. … "A court's treatment of a corporate entity clearly rests on notions of equity, whether it is an action at law or at equity." Id. at 703 , 305 N.W.2d 297 .

Scott Alan Hill v. Marengo Township

Michigan Court of Appeals · Jul 9, 2025

, plaintiff, Scott Alan Hill, individually and as trustee of the Scott Alan Hill Living Trust, appeals by right the trial court’s order granting summary disposition to defendant, Marengo Township, under MCR 2.116(C)(7) (immunity … Therefore, plaintiff’s expectation was not reasonable given that the text of the ordinances clearly provided that defendant’s board could cap the number of Class C grower permits at any time.

Federal Home Loan Mortgage Corporation v. Lesa Werme

Michigan Court of Appeals · Jan 21, 2021

Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999); see also Boekeloo v Kuschinski, 117 Mich App 619, 629; 324 NW2d 104 (1982). … “Under general contract law, rights can be assigned unless the assignment is clearly restricted.”

Miller v. Department of Treasury

18 Mich. App. 145 · Michigan Court of Appeals · Aug 21, 1969

germane to the object of the enactment and made uniform in its operation upon all persons of the class to which it naturally applies; but if it fails to include and affect alike all persons of the same class, and extends immunities … After review of the information, the department of revenue shall establish the monthly liability of the relative.

Wright v. White

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

The trial court clearly erred in determining that petitioner’s testimony overcame the presumption of ownership. … As indicated, there was absolutely no evidence to establish that the funds were deposited for Mabel Wright’s convenience.

McNamara v. Horner

249 Mich. App. 177 · Michigan Court of Appeals · Mar 19, 2002

Defendant appeals as of right a judgment of divorce and a related qualified domestic relations order. Plaintiff cross appeals by leave granted the judgment of divorce. … The Supreme Court articulated the following guidelines: "It is not desirable, or feasible, for us to establish a rigid framework for applying the relevant factors.

Marc S Throop v. Gull Lake Community Schools

Michigan Court of Appeals · Nov 16, 2017

to immunity for Rundle’s conduct. … In this case, plaintiff’s claims of gross negligence by the low-ranking officials at GLCS are clearly without merit.

Littsey v. Board of Governors of Wayne State University

108 Mich. App. 406 · Michigan Court of Appeals · Aug 5, 1981

On May 24, 1974, Dean Hain of the law school informed plaintiff that he was not qualified for admission under the normal criteria but that he would be considered for the Summer Minority Program which had been created in order … The law in this particular area indicates the following: courts subscribe to the theory of judicial abstention in matters concerning university academic decisions unless it clearly is shown that a particular and ascertainable

Larry Shears v. Douglas Bingaman

Michigan Court of Appeals · Aug 24, 2017

Flint ordinance 46 – 52(b)(1) required FLINT to keep on file in Appendix A of the Flint City Code, with the City Clerk, an authorizing resolution of the Flint City Council, which established how its water readiness to serve … We review de novo the applicability of governmental immunity and the statutory exceptions to governmental immunity. Moraccini v City of Sterling Hts, 296 Mich App 387, 391; 822 NW2d 799 (2012).

People of Michigan v. Robert Lance Propp

Michigan Court of Appeals · Oct 3, 2019

Defendant failed to establish that the trial court’s denial of a state-funded expert witness deprived defendant of the opportunity to present his erotic asphyxiation defense, and failed to establish that either the denial … Perhaps it was [its] choice to omit the permissive language [from MCL 768.27b] that prompted the Legislature to qualify the admissibility of other-acts evidence under MCL 768.27b with the language “if it is

Violet Lapeer v. Otsego County Fair Association

Michigan Court of Appeals · May 6, 2021

A motion for summary disposition under MCR 2.116(C)(8) is properly granted when, considering only the pleadings, the alleged claims are clearly unenforceable as a matter of law and no factual development could justify recovery … To that end, the EALA grants broad immunity from tort liability to an equine activity sponsor, as defined in the act.

Kinder Morgan Michigan, LLC v. City of Jackson

277 Mich. App. 159 · Michigan Court of Appeals · Jan 17, 2008

Respondent established a PA 345 pension system several years ago, and has since that time collected property taxes to support it. … That letter provided in relevant part: The following is a list of what should be levied on qualified Renaissance Zone property.

Van Buren Charter Township v. Visteon Corporation

Michigan Court of Appeals · May 16, 2017

However, plaintiff is mistaken when it concludes that the fact of damages has been conclusively established. … Here, the trial court did not “find” any facts not clearly contained within the parties’ attachments to the pleadings.

Adams v. Cleveland-Cliffs Iron Co.

237 Mich. App. 51 · Michigan Court of Appeals · Nov 2, 1999

See also Martin, supra at 96 (observing that “[t]here are adjudicated cases which have refused to find a trespass where the intrusion is clearly established but where the court has felt that the possessor’s interest should … Once such an intrusion is proved, the tort has been established, and the plaintiff is presumptively entitled to at least nominal damages.

People v. Herrera

19 Mich. App. 216 · Michigan Court of Appeals · Oct 1, 1969

Certain well-established exceptions exist to this basic rule. … by a qualified witness, do constitute evidence tending to prove probable cause for a search.

In Re Mark T.

8 Mich. App. 122 · Michigan Court of Appeals · Nov 17, 1967

The procedures established in the adoption statute are' not ends in themselves. … . ^ In this case a viable familial relationship had been established.

In Re Sb

Michigan Court of Appeals · Jun 27, 2024

The PPO thus clearly “embodied” petitioner’s “right to be left alone” by respondent. … Consistent with this reasoning, a PPO’s duration restricts, qualifies, or limits its effectiveness to a certain time period.

Barrett v. Kirtland Community College

245 Mich. App. 306 · Michigan Court of Appeals · Jun 6, 2001

See Mitan v Neiman Marcus, 240 Mich App 679, 682 ; 613 NW2d 415 (2000) (holding complaints amounting to generic claims of “job discrimination” did not qualify as a charge made under the Persons with Disabilities Act, MCL … The employee’s charge must clearly convey to an objective employer that the employee is raising the specter of a claim of unlawful discrimination pursuant to the CRA.