Case law

Opinions from 1658 to today.

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  • Bonner v. City of Brighton

    298 Mich. App. 693 · Michigan Court of Appeals · Dec 4, 2012

    The legislative body is deemed to have intended the meaning clearly expressed in an ordinance’s unambiguous language, which must be enforced as written. … BCO § 18-46 defines an “unsafe structure,” setting forth a number of qualifying criteria. BCO § 18-47 makes it “unlawful for an owner or agent to maintain or occupy an unsafe structure.”

    Reversed on other grounds by Bonner v. City of Brighton, 495 Mich. 209 (2014)Cited 6 timesPublished
  • People of Michigan v. Breanna Lynn Coger

    Michigan Court of Appeals · Sep 8, 2025

    A trial court’s findings are clearly erroneous if, after review of the record, this Court is “definitely and firmly convinced” that the trial court made a mistake. … Based on this record, the trial court did not clearly err when scoring 10 points for OV 10. See Hardy, 494 Mich at 438.

    Cited 0 timesUnpublished
  • People of Michigan v. Clarence Brown

    Michigan Court of Appeals · Oct 22, 2015

    This testimony was sufficient to establish possession. … During direct examination, Hicks used qualifying phrases while referring to the meter.

    Cited 0 timesUnpublished
  • People of Michigan v. Douglas MacArthur Guile

    Michigan Court of Appeals · Jun 9, 2015

    The off-duty officer testified that he believed defendant understood everything being communicated to him and that defendant spoke clearly. … We find that defendant’s actions qualified as excessive brutality or conduct that was designed to substantially increase the fear and anxiety of the employees.

    Cited 0 timesUnpublished
  • People of Michigan v. Douglas MacArthur Guile

    Michigan Court of Appeals · Jun 9, 2015

    The off-duty officer testified that he believed defendant understood everything being communicated to him and that defendant spoke clearly. … We find that defendant’s actions qualified as excessive brutality or conduct that was designed to substantially increase the fear and anxiety of the employees.

    Cited 0 timesUnpublished
  • Thrifty Royal Oak, Inc v. City of Royal Oak

    130 Mich. App. 207 · Michigan Court of Appeals · Nov 7, 1983

    The assessed value of the *213 properties was set at 50% of the thus-established true cash values. … Petitioners clearly are correct in arguing this *227 Court held both that intervention is discretionary and that there was no abuse of discretion in that case because the school district attempted to intervene late.

    Cited 2 timesPublished
  • Donna M Becker v. Howard M Becker

    Michigan Court of Appeals · Oct 23, 2018

    A finding of fact “is clearly erroneous if, after a review of the entire record, the reviewing court is left with the definite and firm conviction that a mistake was made.” Id. … Rehabilitative spousal support is intended to allow a party to assimilate into the work force and establish economic self-sufficiency. See Friend v Friend, 486 Mich 1035; 783 NW2d 122 (2010).

    Cited 0 timesUnpublished
  • Allstate Insurance Company v. Fremont Insurance Company

    Michigan Court of Appeals · Jun 6, 2024

    This finding also does not appear clearly erroneous on this record. Id. … bears the burden of establishing that rescission is warranted.

    Cited 0 timesUnpublished
  • People of Michigan v. Kristopher Harlan Joesel

    Michigan Court of Appeals · Aug 29, 2024

    The phrase introduced by the term “suffered” qualifies the nature of the loss for which reimbursement must be ordered. … The sole question was whether the trial court clearly erred when it found that the prosecution established that Sanchez’s immediate family had incurred and would reasonably be expected to incur, see MCL 780.766(4)(d), more

    Cited 0 timesUnpublished
  • People of Michigan v. Steven Anthony Fisher

    Michigan Court of Appeals · Mar 22, 2018

    A “qualifying patient” or “patient” is “a person who has been diagnosed by a physician as having a debilitating medical condition.” MCL 333.26423(l). … The MMMA did not decriminalize marijuana offenses: instead it only offers immunity and an affirmative defense for otherwise criminal acts. People v Kolanek, 491 Mich 382, 394; 817 NW2d 528 (2012).

    Cited 0 timesUnpublished
  • Tj Theisen v. Inventive Consulting LLC

    Michigan Court of Appeals · Aug 12, 2021

    A motion under MCR 2.116(C)(8) may only be granted when a claim is so clearly unenforceable that no factual development could possibly justify recovery. … Thornhill, as an investor and a business professor who regularly reviewed presentations seeking investors, was qualified as an expert in that area.

    Cited 0 timesUnpublished
  • People of Michigan v. Michael Patrick-Murphy Hamilton

    Michigan Court of Appeals · Aug 1, 2017

    The defendant bears the burden to establish such a miscarriage of justice. Id. at 495. … Based on that testimony, it is clear that Heise clearly had training and knowledge relating to substance abuse.

    Cited 0 timesUnpublished
  • People of Michigan v. Matthew John Scotton

    Michigan Court of Appeals · Nov 24, 2015

    “[T]o qualify as a ‘domestic relationship,’ there must be a -6- familial or cohabitating relationship.” … Here, the two were clearly residing together in the condominium on the date when the assault occurred.

    Cited 0 timesUnpublished
  • Estate of Krystal Gayle Lawrence v. Sarah Elizabeth Schauf

    Michigan Court of Appeals · Feb 10, 2022

    When a document contains a second level of hearsay, each level must qualify under an exception to the hearsay rule. Maiden, 461 Mich at 125. … However, this statute only states that one must use headlights if the natural light is insufficient to clearly illuminate objects 500 feet away.

    Cited 0 timesUnpublished
  • People of Michigan v. Steven Anthony Fisher

    Michigan Court of Appeals · Mar 22, 2018

    A “qualifying patient” or “patient” is “a person who has been diagnosed by a physician as having a debilitating medical condition.” MCL 333.26423(l). … The MMMA did not decriminalize marijuana offenses: instead it only offers immunity and an affirmative defense for otherwise criminal acts. People v Kolanek, 491 Mich 382, 394; 817 NW2d 528 (2012).

    Cited 0 timesUnpublished
  • International Outdoor Inc v. City of Livonia

    Michigan Court of Appeals · Jun 14, 2016

    (2) Are all persons of the same class included and affected alike or are immunities or privileges extended to an arbitrary or unreasonable class while denied to others of like kind?”) … Assuming, without deciding, that billboards qualify as a land use under MCL 125.3207, plaintiff has not demonstrated that § 18.50C is invalid under that statute.

    Cited 0 timesUnpublished
  • in Re Benedetti Estate and Trust

    Michigan Court of Appeals · Nov 19, 2015

    Therefore, even if we assume that Eva qualified as a fiduciary, a presumption of undue influence does not apply in this case because the respondent’s status as the sole beneficiary under decedent’s trust does not establish … Undue influence may be established through circumstantial evidence, but such “evidence must be of considerable probative force and, quite clearly, must do more than raise a mere suspicion.”

    Cited 0 timesUnpublished
  • Tj Theisen v. Inventive Consulting LLC

    Michigan Court of Appeals · Aug 12, 2021

    A motion under MCR 2.116(C)(8) may only be granted when a claim is so clearly unenforceable that no factual development could possibly justify recovery. … Thornhill, as an investor and a business professor who regularly reviewed presentations seeking investors, was qualified as an expert in that area.

    Cited 0 timesUnpublished
  • in Re Ml Wade Minor

    Michigan Court of Appeals · Nov 14, 2017

    A decision qualifies as clearly erroneous when, “although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.” … -4- Likewise, with respect to respondent-father, MCL 712a.19b(c)(i) and (ii) were clearly established.

    Cited 0 timesUnpublished
  • People of Michigan v. Miguel Aguilar-Soto

    Michigan Court of Appeals · Jan 21, 2021

    The trial court expressed concern that Hunter may not have qualified as a victim of defendant’s home- invasion conviction because the felony information only referred to Flores on the relevant charge, and “Flores does not … Evidence established that the injuries were caused by defendant assaulting her.

    Cited 0 timesUnpublished

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