Case law

Lexington Townhouses Coop. v. CITY OF WARREN TOWNHOUSE MANOR COOP.

32 Mich. App. 523 · Michigan Court of Appeals · Apr 21, 1971

The title of the act reads as follows: “An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to authorize loans to qualified … Holding that the statute grants no legislative discretion in the municipal governing bodies but only a ministerial duty of fact finding within clearly stated limits, we reverse and remand for further proceedings consistent

Eric Jones v. City of Walled Lake

Michigan Court of Appeals · Jun 17, 2021

Thus, “[t]o qualify for absolute immunity from tort liability[,] an individual governmental employee must prove his or her entitlement to immunity by establishing, consistently with the statute’s plain language, (1) that … The trial court adopted plaintiffs’ arguments as to why Whitt did not qualify for absolute immunity.

Alspaugh v. Commission on Law Enforcement Standards

246 Mich. App. 547 · Michigan Court of Appeals · Jun 29, 2001

Indeed, ensuring the largest pool of qualified candidates is a desirable goal. … On remand, Lanning v Southeastern Pennsylvania Transportation Authority, 2000 WL 1790125 (ED Pa, 2000), the court held that the septa did indeed clearly demonstrate that the specific aerobic capacity required is, in fact,

Yono v. Department of Transportation

299 Mich. App. 102 · Michigan Court of Appeals · Dec 20, 2012

“only the travel lanes of a highway are subject to the duty of repair and maintenance,” and excluded “the shoulder from the scope of the highway exception.” 8 The portion of the road on which Yono was allegedly injured clearly … Therefore, I would reverse the trial court’s order denying the Department’s motion for summary disposition based on governmental immunity.

Smith v. Calvary Christian Church

233 Mich. App. 96 · Michigan Court of Appeals · Mar 12, 1999

“Thus, individuals have a qualified privilege to engage in conduct for religious purposes.” Korean Presbyterian Church of Seattle Normalization Committee v Lee, 75 Wash App 833, 839; 880 P2d 565 (1994). … Thus, even though the dispute was not immune from judicial scrutiny because it concerned the tortious nature of religiously motivated acts and *105 not the orthodoxy established by church doctrine, the court found that the

Vincent v. Raglin

114 Mich. App. 242 · Michigan Court of Appeals · Mar 17, 1982

"Furthermore, conspiracy may be established, and frequently is established by circumstantial evidence, People v Pitcher, 15 Mich 397, 403 (1867), and may be based on inference. … Clearly, a jury would be entitled to conclude that it was not reasonable to throw plaintiff down the steps of his church.

People v. Steele

4 Mich. App. 352 · Michigan Court of Appeals · Nov 1, 1966

Further, the record clearly shows that the defendant had the benefit of counsel when he offered his plea of guilty. … 'The rule precluding a conviction on confessions or incriminating statements unlawfully obtained through wrongful detention does not give immunity from a plea of guilty made in open court after the trial judge has satisfied

in Re Guardianship of bibi/wallace Minors

Michigan Court of Appeals · May 3, 2016

Thus, despite the fact that the consent judgment established a temporary placement for the wards, it nevertheless qualifies as a “child-custody determination” regarding “physical custody” under the UCCJEA. … Because Bibi, Wallace, and the wards all now reside in Michigan, this state was clearly the more convenient forum.

Estate of Ezekiel D Goodwin v. Northwest Michigan Fair Association

Michigan Court of Appeals · Jul 3, 2018

Although the imposition of a brightline rule may seem arbitrary in some cases,19 the age of seven is the long-established “dividing line” in Michigan. … “[R]elevance must be specifically established” before evidence of a violation may be used as evidence of negligence. Id. See also Zalut, 186 Mich App at 235.

Waisanen v. Superior Township

305 Mich. App. 719 · Michigan Court of Appeals · Jun 24, 2014

instead noted that it was “undisputed that MCL 600.5821(2) precludes a party from claiming adverse possession against a municipal corporation” and stated that the “sole issue” before it was whether the disputed property qualified … The trial court did not err by concluding that the elements of adverse possession were established.

Michael Scott Pickle v. Captain Keith McConnell

Michigan Court of Appeals · Sep 15, 2016

Defendant had moved for summary judgment raising the defense of qualified immunity, which is available to a government official unless, in the course of performing a discretionary function, a plaintiff’s clearly established … clearly established constitutional rights.”

Elizabeth Bellinger v. Julie Kram

Michigan Court of Appeals · May 25, 2017

ANALYSIS MCL 691.1407(2) provides qualified government immunity from tort liability to government employees acting within the scope of their authority and engaging in the exercise of a government function provided … However, evidence that a defendant engaged in affirmative actions contrary to professionally accepted standards and then sought to cover up those actions does establish gross negligence.

Elizabeth Bellinger v. Julie Kram

Michigan Court of Appeals · May 25, 2017

ANALYSIS MCL 691.1407(2) provides qualified government immunity from tort liability to government employees acting within the scope of their authority and engaging in the exercise of a government function provided … However, evidence that a defendant engaged in affirmative actions contrary to professionally accepted standards and then sought to cover up those actions does establish gross negligence.

Richard Jay Vanderkolk v. Kala Rose Benshoof

Michigan Court of Appeals · Nov 19, 2025

“When reviewing a motion for summary disposition premised on immunity, this Court examines the affidavits, depositions, admissions, and other documentary evidence to determine whether the moving party is entitled to immunity … “General allegations of malice are insufficient to establish a genuine issue of material fact.” Id.

Nason v. State Employees' Retirement System

290 Mich. App. 416 · Michigan Court of Appeals · Oct 28, 2010

As the Petitioner has not established by a preponderance of the evidence that he cannot engage in employment reasonably related to his past experience and training, the Petitioner is not eligible for non-duty disability retirement … GOVERNING PRINCIPLES OF STATUTORY CONSTRUCTION In Zwiers v Growney, 286 Mich App 38, 44 ; 778 NW2d 81 (2009), this Court recited the well-established principles of statutory construction: Our primary task in construing a

Ronald Buckley v. City of Westland

Michigan Court of Appeals · Nov 21, 2024

Further, the remarks were not clearly reflective of discriminatory bias. … The WCPO clearly reached its own independent conclusion when it reviewed the evidence.

People v. Barnwell

60 Mich. App. 291 · Michigan Court of Appeals · Apr 8, 1975

An autopsy was performed by a pathologist under the direction of an expert in this field eminently well qualified and the author of many publications on forensic pathology. … It follows then that we must scrutinize the record to determine what inferences of defendant’s guilt could be permissibly drawn from that established fact.

Boylan v. Fifty Eight Ltd. Liability Co.

289 Mich. App. 709 · Michigan Court of Appeals · Sep 7, 2010

Pamar replies that because it had authorization to enter onto Fifty Eight’s land, Fifty Eight cannot establish a trespass. … “By using the modifier ‘directly,’ the Legislature intended ‘to assure that contracting parties are clearly aware that the scope of their contractual undertakings *729 encompasses a third party, directly referred to in the

McKelvie v. City of Mount Clemens

193 Mich. App. 81 · Michigan Court of Appeals · Feb 18, 1992

Defendant opposed the motion and moved for summary disposition of the circuit court action on various grounds, including governmental immunity and accord and satisfaction, claiming that plaintiffs had previously accepted … Contrary to plaintiffs’ argument, the evidence presented at the evidentiary hearing in this case does not support a conclusion that the trial court clearly erred when it ruled that the work product from the circuit court

Consumers Power Co. v. Public Service Commission

189 Mich. App. 151 · Michigan Court of Appeals · May 7, 1991

The psc’s September 29, 1987, order established formal contested case hearings to review the mcv application and to establish the avoided cost rates. … Moreover, the choice of a planning horizon is a pure policy decision which, even if not immune from review, should only be disturbed if arbitrary, capricious, or an abuse of discretion.