No-Fault Law – Michigan Assigned Claims Plan
Where a judge dismissed with prejudice a first-party no-fault action after the plaintiff failed to attend an examination under oath, the judge did not err in finding that (1) the plaintiff failed to...
View ArticleLandlord and tenant – Unpaid rent — Circuit court jurisdiction
Where defendant commercial tenants have appealed from an award of summary disposition to the plaintiff landlord, the judgment should be affirmed despite the defendants’ contention that the circuit...
View ArticleReal property – Easement — Trail
Where plaintiff purchasers of farmland have claimed an easement over a trail from Dutcher Road in Gladwin County to hayfields, a judgment adverse to the plaintiffs should be affirmed, as the sellers...
View ArticleTaxation – Real property — Assessment
Where the Michigan Tax Tribunal upheld the 2017 assessment of a petitioner’s property by respondent city of Oak Park, the Tax Tribunal did not commit an error of law or adopt a wrong principle when...
View ArticleFamily Law – Jurisdiction — Stipulation
Where a divorced defendant moved to set aside a 2011 order that allowed the plaintiff to move with the couple’s children from Michigan to Montana, the lower court did not err by denying the motion...
View ArticlePremises Liability – Pothole — Parking structure
Where a defendant owner of a parking structure was denied summary disposition in a suit brought by a plaintiff who alleged that she tripped as a result of stepping into a “deteriorated section of...
View ArticleReal property – Tenants by the entirety — Quiet title action
Where the parties to a quiet title action concerning abutting parcels of land reached a settlement agreement, the settlement is invalid and should be set aside, as the defendant’s wife, who holds...
View ArticleTaxation – Principal residence exemption
Where the Michigan Tax Tribunal denied a request for a principal residence exemption (PRE) for tax years 2013 through 2016, that ruling should be affirmed because the taxpayers did not own either of...
View ArticleTaxation –‘Uncapping’ of property taxes — Transfer
Where the city of Farmington Hills “uncapped” the taxable value of real property because of a 2017 transfer of ownership, the Michigan Tax Tribunal did not err in concluding that the new owner was not...
View ArticleContract Law – Land sale — Damages
Where plaintiffs brought suit claiming that the defendant purchaser of real estate breached a purchase and sale agreement by failing to make monthly principal, interest and debt servicing payments, an...
View ArticleLandlord and tenant – Wrongful eviction — Request for admissions
Where a plaintiff tenant was awarded summary disposition and $52,263.40 in damages on a claim for unlawful eviction, the judgment must be reversed because the plaintiff’s request for admissions could...
View ArticlePlaintiff prevails in ambulance stretcher accident case
A Michigan Court of Appeals panel ruled in favor of a plaintiff in a case stemming from the death of a man who was injured while being taken from his assisted living facility on a stretcher to an...
View ArticleCriminal Law – Expert funds
Where a jury convicted a defendant of first-degree premeditated murder, the conviction should be upheld despite the defendant’s contention on appeal that the trial court violated defendant’s rights to...
View ArticleInsurance – Fraud — Fees
Where defendant policyholders were ordered to pay counsel fees to the plaintiff insurance company, that order should be affirmed based on evidence that the policyholders committed fraud.
View ArticleUnemployment compensation – Voluntary departure — Job offer
Where the Michigan Unemployment Insurance Agency has appealed from an opinion and order of the circuit court finding that a claimant was eligible for unemployment benefits, the circuit court judgment...
View ArticleCOA affirms premises liability ruling for plaintiff
A Michigan Court of Appeals panel affirmed a Wayne County Circuit Court ruling that denied a motion for summary disposition after finding that a pothole in a dark parking garage was not an open and...
View ArticleCriminal Law – Misconduct in office — Border patrol agents
Where the defendant federal border patrol agents were convicted of common-law misconduct in office, the convictions should be affirmed despite the defendants’ argument that there was insufficient...
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Taxation – Principal residence exemption
Where the Michigan Tax Tribunal denied a request for a principal residence exemption (PRE) for tax years 2013 through 2016, that ruling should be affirmed because the taxpayers did not own either of...
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Taxation –‘Uncapping’ of property taxes — Transfer
Where the city of Farmington Hills “uncapped” the taxable value of real property because of a 2017 transfer of ownership, the Michigan Tax Tribunal did not err in concluding that the new owner was not...
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Contract Law – Land sale — Damages
Where plaintiffs brought suit claiming that the defendant purchaser of real estate breached a purchase and sale agreement by failing to make monthly principal, interest and debt servicing payments, an...
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