Case law

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.

West Ottawa Public Schools v. Director, Department of Labor

107 Mich. App. 237 · Michigan Court of Appeals · Jun 16, 1981

Under the New Jersey act, the Commissioner of Labor established the prevailing wages for state projects from collective bargaining agreements. … Under this provision, the state acts as a surety for the payment of qualified bonds when they are due. The Wyoming Public School has already qualified its bonds with the state and West Ottawa intended to do likewise.

Tuinier v. Bedford Charter Township

235 Mich. App. 663 · Michigan Court of Appeals · Sep 10, 1999

The evidence presented at the hearing established that petitioner’s property has eight polyethylene greenhouses and one long polyethylene structure referred to as the “400 poly structure.” … In our opinion, we conclude that the greenhouses are clearly annexed to the real estate and thus taxable as real property.

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.

Protective Insurance v. American Mutual Liability Insurance

143 Mich. App. 408 · Michigan Court of Appeals · Jun 3, 1985

On the contrary, if this were the case, defendant would obviously be obligated to take up the defense on behalf of Big D and attempt to establish that an employment relationship did not exist, thus rendering Harris’s dependents … Under these circumstances, plaintiff was clearly the appropriate insurance company to adequately represent Big D’s interests in the civil lawsuit.

People v. Zuniga

56 Mich. App. 231 · Michigan Court of Appeals · Oct 21, 1974

representation that the state or a responsible officer thereof, such as a judge of competent authority or a district attorney, has entered into a bargain purporting to commit the state to give accused a reward, in the form of immunity … Further, the record is clear that both at the arraignment and again upon sentence, defendant clearly understood that if he pled guilty he could be sentenced up to ten years.

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.

Citizens Protecting Michigan's Constitution v. Secretary of State

280 Mich. App. 273 · Michigan Court of Appeals · Aug 20, 2008

As we will explain, the Michigan Constitution clearly establishes separate methods for enacting an “amendment” to, as compared to a “general revision” of, the constitution. … Michigan United Conservation Clubs clearly establishes that challenges of the type made by plaintiffs in this case may be raised in a mandamus action against the Board and the Secretary before the Board’s sufficiency determination

People of Michigan v. Richard Lee Hartwick

Michigan Court of Appeals · Aug 17, 2017

A trial court’s factual findings regarding § 4 immunity under the MMMA are reviewed under the clearly erroneous standard, and questions of law surrounding the § 4 immunity determination are reviewed de novo. … Section 4 of the MMMA grants broad immunity from criminal prosecution and other penalties to qualified patients and caregivers. MCL 333.26424.

in Re I M Long Minor

326 Mich. App. 455 · Michigan Court of Appeals · Nov 20, 2018

“A finding is ‘clearly erroneous’ if, although there is evidence to support it, we are left with a definite and firm conviction that a mistake has been made.” … Accordingly, a putative father does not qualify as a father or parent for the purposes of exercising jurisdiction in child protective proceedings.

Evans v. Van Kleek

110 Mich. App. 798 · Michigan Court of Appeals · Nov 2, 1981

That the fair market value of the property lost by the plaintiffs was not established. … His testimony and the testimony of John Swanek established the cause of the fire with reasonable certainty. More difficult is the question of damages.

Michigan Education Special Services Ass'n v. Commissioner of Insurance

168 Mich. App. 398 · Michigan Court of Appeals · May 16, 1988

Courts have a duty to construe a statute as constitutional unless the unconstitutionality is clearly apparent. Rohan v Detroit Racing Ass’n, 314 Mich 326, 342 ; 22 NW2d 433 (1946). … all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance, and to prescribe duties for certain state departments and officers with respect to that reporting; to establish

City of Huntington Woods v. City of Detroit

279 Mich. App. 603 · Michigan Court of Appeals · Jul 15, 2008

Finally, a decision favorable to plaintiffs would clearly redress the injury, thereby satisfying the technical requirements for establishing standing for these parties. VII. FEE SIMPLE vs. … Because the agreement delineated in the Rackham deed requiring maintenance of the property as a public golf course for use by the public clearly qualifies as one invoking a public-welfare purpose, it is statutorily exempt

People of Michigan v. Jory Joseph Hannan

Michigan Court of Appeals · Nov 8, 2016

If the qualifying patient establishes the first and second elements, then a presumption exists that the qualifying patient was engaged in the medical use of marijuana, thereby establishing the fourth … Thus, defendant still fails to qualify for § 4 immunity.

People of Michigan v. Robert a Johnson

Michigan Court of Appeals · Sep 13, 2018

“Sections 4(a) and 4(b) of the MMMA contain parallel immunity provisions that grant registered qualifying patients and registered primary caregivers broad immunity from arrest, criminal prosecution, civil penalties, and disciplinary … The trial court accepted that Detective Sleeter observed the plants, and defendant does not establish that this finding was clearly erroneous.

People v. Lyons

93 Mich. App. 35 · Michigan Court of Appeals · Oct 15, 1979

According to the guidelines established by the Michigan Supreme Court, Gunn was qualified as an expert. … "Q How does an interest bearing account qualify, if you will, as a, quote, security under the Uniform Securities Act? "A Well, I think it could qualify in one of two ways.

Listanski v. Canton Charter Township

206 Mich. App. 356 · Michigan Court of Appeals · Aug 1, 1994

Art 5, § 28 established a state highway commission to obtain jurisdiction and control over trunk line highways. … Clearly, this statute empowers the township to deny a permit even if the county had issued a permit for the construction within the highway right of way.

Estate of Omarion Humphrey v. Alternatives for Children & Families

Michigan Court of Appeals · Feb 10, 2026

The trial court held that the DHHS defendants were entitled to summary disposition on the basis of qualified immunity. … Addressing the CAS defendants, the trial court denied their dispositive motion premised on qualified immunity.

Parpart v. City of Detroit

194 Mich. App. 561 · Michigan Court of Appeals · Jul 6, 1992

Plaintiff appeals as of right a Wayne Circuit Court order granting summary disposition in favor of defendants Hinton, McDonald, and Morgan pursuant to its finding that plaintiff had failed to establish a factual issue regarding … Therefore, case dismissed on governmental immunity. This was clearly erroneous.

Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n

305 Mich. App. 301 · Michigan Court of Appeals · May 20, 2014

The title indicates that part of the purpose of the act is to define the rights, powers, and immunities of associations involved in the insurance business. … In doing so, the Nixon Court established the principle that “a statutory disclosure scheme preempts the common law right” of access.