Case law

People v. Thornton

80 Mich. App. 746 · Michigan Court of Appeals · Jan 23, 1978

We find one which clearly requires reversal. Two others deserve some comment. The remainder are without merit. … Defendant also contends that some of the instructions on intent were reversibly erroneous because they established presumptions in the prosecution’s favor and placed the burden of proof on the defendant to overcome those

Lawrence Russell v. City of Detroit

321 Mich. App. 628 · Michigan Court of Appeals · Oct 10, 2017

Clearly, MCL 691.1404(1) sets forth various requirements for providing compliant notice to the governmental agency. … Moreover, such an argument ignores established agency principles. “Agents have the implied power to carry out all acts necessary in executing [the principal’s] expressly conferred authority.”

In re Beers

325 Mich. App. 653 · Michigan Court of Appeals · Sep 11, 2018

But "parent" "does not include the putative father if paternity has not been acknowledged or established." Id. … Further, § 1915(c) allows the "Indian child's tribe" to "establish a different order of preference by resolution."

Federated Publications, Inc. v. Board of Trustees

221 Mich. App. 103 · Michigan Court of Appeals · Apr 4, 1997

Without these confines, however, there is no reason to allow the regents to use their independence to thwart the clearly established public policy of the people of Michigan. [Id. at 138-139.] … If the board had delegated the authority to actually select the president to the PSC, that would be a clearly unlawful delegation of power.

Moerman v. Kalamazoo County Road Commission

129 Mich. App. 584 · Michigan Court of Appeals · Oct 11, 1983

Stockmar was not qualified to testify as to the effect of alcohol on behavior. … Given his education and experience in accident reconstruction, Capman was clearly qualified to offer his opinion on how the shoulder of the road would have affected a vehicle traveling on it.

Kent County Aeronautics Board v. Department of State Police

239 Mich. App. 563 · Michigan Court of Appeals · Apr 19, 2000

agencies shall be immune from tort liability in all cases wherein the government agency is engaged in the exercise or discharge of a governmental function. … Plaintiffs failed to establish a trespass-nuisance claim because there has been no invasion of plaintiffs’ properties. Id.

Charter Township of Ypsilanti v. Judith Pontius

Michigan Court of Appeals · Dec 29, 2020

patient whose medical use of marijuana falls within the scope of § 4(a)’s immunity.” … patient whose medical use of marijuana falls within the scope of § 4(a)’s immunity.”

City of Detroit v. State

262 Mich. App. 542 · Michigan Court of Appeals · Jun 22, 2004

The parties’ stipulation to dismiss the remaining claims was clearly designed to circumvent trial procedures and court rules and obtain appellate review of one of the trial court’s initial determinations without precluding … The department may lease properties to private and public organizations for a period not to exceed 30 years for consideration established by the department.

Kurzyniec v. Department of Social Services

207 Mich. App. 531 · Michigan Court of Appeals · Nov 21, 1994

It establishes the minimum standard for granting retroactive benefits. Although respondent’s new policy is more restrictive than the old one, it clearly meets the standard set forth in 42 CFR 435.914(a)(2). … The resulting loss of potential benefits, standing alone, does not warrant a disregard of the clearly established effective date for the new policy. Cf.

Albert Joseph Fratarcangeli v. Sarah Myers

Michigan Court of Appeals · Apr 9, 2020

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … To defeat qualified immunity, the trial court must determine that (1) the plaintiff has alleged facts that demonstrate the violation of a constitutional right, and (2) the constitutional right was clearly established at the

Teri Walters v. Donald S Falik

Michigan Court of Appeals · Jan 29, 2015

Gershwin testified that WG occurs in persons who are genetically predisposed to having a “promiscuous” immune system that is highly responsive to antibodies. … The trial court noted that in Chapin, “the history with asbestos, asbestos causing these problems [i.e., mesothelioma] was clearly well established. . . .

Bond v. Ann Arbor School District

18 Mich. App. 506 · Michigan Court of Appeals · Oct 16, 1969

of the fees as presently established was permanently enjoined. … In actions tried upon the facts without a jury, findings of fact are not set aside on appeal unless clearly erroneous, GCR 1963, 517.1.

People v. Howard

78 Mich. App. 592 · Michigan Court of Appeals · Sep 21, 1977

At trial the main prosecution witness was a third coparticipant in the alleged crime who had been granted immunity prior to testifying against the two codefendants. … In all three of the above cases the new trial appears to have been ordered based at least in part upon statements which not only clearly exculpated the defendant, but clearly inculpated the declarant who was previously uncharged

People v. Peebles

216 Mich. App. 661 · Michigan Court of Appeals · May 17, 1996

This Court reviews trial court decisions regarding motions to suppress evidence under the clearly erroneous standard. People v Muro, 197 Mich App 745, 747 ; 496 NW2d 401 (1993). … “It is well established that brief investigative stops short of arrest are permitted where police officers have a reasonable suspicion of ongoing criminal activity.” People v Christie (On Remand), 206 Mich.

In re Boynton

302 Mich. App. 632 · Michigan Court of Appeals · Oct 15, 2013

“If the language of a statute is clear, no further analysis is necessary or allowed to expand what the Legislature clearly intended to cover.” … If we should accept the theory of plaintiffs counsel this State would soon become the asylum of the murderers and criminal classes of the southern States who could with safety here find immunity from rendition, immunity from

Advo-Systems, Inc v. Department of Treasury

186 Mich. App. 419 · Michigan Court of Appeals · Dec 5, 1990

Under the established rules of statutory construction, the "plain and ordinary” meaning of a statutory term controls. … Clearly, the term "publication” encompasses a broader concept than "periodical.” Moreover, courts in other jurisdictions have reached the opposite result.

Green v. Green

87 Mich. App. 706 · Michigan Court of Appeals · Dec 28, 1978

"Improperly” under subsection 8(b) means illegally, qualified by a special circumstances justification. Commissioner’s Note §8(b), p 116. … Costs to appellee. 1 The "home state” concept is not clearly applicable.

Lanny L Scoby Trust v. Brian H Mitchell

Michigan Court of Appeals · Jan 25, 2024

Mitchell’s counsel stated that, although “the road has been in dis-use for awhile, the road bed clearly exists. … Moreover, it is well established that statutes in derogation of the common law must be strictly construed, and will not be extended by implication to abrogate established rules of common law.

People v. Yeo

103 Mich. App. 418 · Michigan Court of Appeals · Feb 3, 1981

Clearly, there are no exceptional equities favoring defendant in the case at bar save the mere passage of time. … Under the above analysis, we conclude that an improper foundation was established for admission of the disputed evidence.

Willis v. Ed Hudson Towing, Inc

109 Mich. App. 344 · Michigan Court of Appeals · Sep 9, 1981

Contingent upon this factual determination which is not clearly erroneous, we affirm the legal conclusion that defendant wrrongfully converted plaintiff’s automobile. … The measure of damages for the conversion of personal property is the value of the property at the time of the conversion, in the absence of any testimony establishing a peculiar value in the goods to the owner.