Holding that the plaintiff-city's noise ordinance was unconstitutionally vague, the court reversed and remanded for dismissal of the citations against the defendants-bar owners and employee. Defendants were issued the citations on the ground that...
The court held that the trial court applied the correct standard of review in granting the defendant-snow removal company summary disposition under MCR 2.116(C)(8), and correctly determined that the plaintiffs were not entitled to relief under a...
Holding that genuine issues of material fact existed as to whether the option to purchase was specifically assigned and whether it was for the land or the land and the restaurant on the property, the court reversed the trial court's grant of...
The trial court properly granted termination of the respondents-parents' parental rights to the child where the statutory grounds for termination were established by clear and convincing evidence and it was in the child's best interests. They...
The court reversed the trial court's grant of summary disposition in favor of defendants on plaintiff's breach of contract claim, and remanded for entry of summary disposition in favor of plaintiff on that claim. It affirmed the trial court's grant...
There was sufficient evidence to convict defendant-Thomasine Robinson, a mayoral candidate in the 2012 election, of "vote buying" where a witness testified that Thomasine Robinson gave her $20 to vote in the election. There was also evidence that...
Noting that the petitioner's brief made no effort to address the trial court's ruling deeming admitted the respondent-trustee's requests to admit, and concluding that summary disposition for respondent was appropriate under MCR 2.116(C)(10), the...
The court held that the trial court did not err by dismissing the plaintiff-landowner's complaint related to the defendant-neighboring landowner's fence and granting summary disposition to defendant. It also found that the trial court did not err...
The case "had been pending for well over 182 days and was initiated" in 11/12 "because of respondent's mental health, improper supervision of the child, and inadequate housing. The goals identified for respondent through these proceedings included"...
On appeal, the court rejected her argument that the trial court erred in finding statutory grounds for termination. As to § (c)(i) it noted that given her involvement in domestic violence and her lack of progress, "there was no reasonable...
The petitioners were the child's grandparents and had a guardianship over him. They presented evidence that "respondent had not had any contact with her son" since 4/13, "after she left him with them and went back to Iowa." While she "testified...
The Court of Appeals rejected the respondent's claim that laches barred the petition, and concluded that she failed to establish plain error affecting her substantial rights as to her claims of lack of notice and a hearing. Further, she failed to...
The trial court previously granted the parties joint legal and physical custody of their children with equal and shared authority as to all major decisions affecting them, including schooling. It later amended the order, modifying physical custody...
The parties divorced in 2012. On appeal, plaintiff argued that the trial court erred in ruling that the spousal support award was nonmodifiable. The consent judgment included a modification clause. There was nothing in the modification clause that...
The Court of Appeals reversed the trial court's order granting defendant summary disposition and remanded for further proceedings. In 2013, the then-63-year-old plaintiff was riding her bicycle when she was struck by defendant-Solomon's vehicle....
The case stemmed from the death of the 16-month-old child of respondent's girlfriend. The child suffered multiple injuries while in his care, and the death was ruled a homicide. A petition was filed to terminate his parental rights to his two...
The parties participated in mediation and memorialized the terms of their agreement in a handwritten mediation agreement that they and their attorneys signed. The plaintiff-father's attorney then drafted the appropriate order, circulated it for...
The court concluded that she "clearly failed to provide proper care and custody for the two-year old child. The child was found wandering in the parking lot of a motel where respondent went to a party; respondent was unconscious from a heroin...
Plaintiff alleged that defendant's secret baptism of the child and concealment of the baptism was in violation of their divorce judgment, which required their parent coordinator to decide disagreements in the event they could not agree. The trial...
Respondent-mother argued that BB's life was not improved by the termination of her parental rights when adoption was not a consideration for him. She stated that her relationship with him "could have been legally maintained while preserving his...
Plaintiff engaged in protected activity and was suspended from employment with full pay and benefits on 10/1/13. She was notified on 10/14/13 that her contract, expiring on 12/1/13, would not be renewed. The court rejected her argument that not...
The trial court terminated respondent's parental rights on the basis of his convictions for sexually molesting his stepdaughter. On appeal, the court rejected his argument that his due process rights were violated when the DHHS failed to provide...
The trial court did not err in rejecting defendants' claim that plaintiff lacked standing in this breach of contract case. It also did not err in ruling that the Authorization was an enforceable contract, or abuse its discretion in denying...
The court held that the trial court did not abuse its discretion by granting the plaintiff-mother's motion to change the domicile of the parties' child from Michigan to Massachusetts. On appeal, the court rejected the defendant-father's argument...
The court held that the appellant waived the affirmative defense of the statute of limitations. Further, it concluded that the probate court did not clearly err in its factual findings that the assets appellant transferred to herself were not gifts...
Noting that the requirement of a loan modification process only applies to foreclosure by advertisement, the court rejected the defendant-borrower's argument that once the plaintiff started the loan modification process, it was barred from...
The court held that the trial court properly denied the plaintiff-condominium association's motion for summary disposition and properly granted the defendant-property owner's motion for summary disposition. Plaintiff sued defendant seeking to...
The court held that the Court of Claims did not err by granting the defendant-university's motion for summary disposition on the basis that the plaintiff's claims were barred by res judicata. The court noted that plaintiff's state claims were "a...
The court held that the trial court did not clearly err when it found that the DHHS established grounds for terminating the respondent-father's parental rights by clear and convincing evidence or when it found that termination of both...
The court held that the plaintiffs lacked standing to set aside the foreclosure sale, and concluded that even if they had standing, they failed to show a genuine issue of material fact as to the essential elements of a claim to set aside the sale....
The court concluded that the trial court properly found proper cause and a change in circumstances warranting reconsideration of the custodial arrangement. Further, its findings on the challenged MCL 722.23 factors were not against the great weight...
The court concluded that the trial court properly found proper cause and a change in circumstances warranting reconsideration of the custodial arrangement. Further, its findings on the challenged MCL 722.23 factors were not against the great weight...
Holding that the probate court erred in finding that the petitioner-PR's claim against the estate for reimbursement of attendant care services she provided to the decedent before his death was not barred, the court reversed and remanded. After her...
In these consolidated medical-marijuana cases, the trial court erred by dismissing the charges against the defendants based on "entrapment." The defendants were charged with dispensing marijuana to individuals with whom they were not connected...
The trial court properly denied in part the defendant-road commission's motion for summary disposition premised on governmental immunity where the plaintiffs-homeowners stated a claim under the "sewage disposal system event exception," and...
The court held that the trial court did not err by granting summary disposition for the defendant-broadcasting company (MSNBC) on the plaintiff's defamation and related claims. It also held that the trial court did not abuse its discretion by...
While the trial court did not err in finding that the initial police report was exempt from disclosure at the time the plaintiff made his FOIA request, it abused its discretion in denying his motion for attorney fees after it found that the...
The court held that the trial court did not err by granting plaintiffs-property owners summary disposition and declaring void the defendants-townships' (Haring and Clam Lake) agreement to conditionally transfer property. Plaintiffs sought to annex...
The trial court did not err by refusing to admit an Instagram photo of the victim (Harris) with a gun tucked inside the waistband of his pants because the photo was not relevant to the defendants' theory that Harris was shot during a drug deal....
Holding that the respondent-father did not establish good cause to stay the adoption proceeding, the court concluded that the trial court did not abuse its discretion in denying his motion. Further, because the trial court's findings on the best...
