The court held that the trial court did not err by ruling that the beach at issue was not public, but should have vacated certain of the platted roads in their entirety. The plaintiff-township sued the defendants-property owners seeking to settle...
Holding that the plaintiffs lacked standing to challenge the mortgage assignment, and that even if they had standing, summary disposition was appropriate on the merits of their quiet title claim, the court affirmed the trial court's order granting...
The court held that the trial court did not err in determining that the factor listed in MCL 722.31(4)(a) supported its grant of defendant-mother's motion. As to MCL 722.31(4)(c), it held that the trial court's factual findings did not "clearly...
Concluding that the record failed to show that the respondent-mother released her parental rights knowingly and voluntarily, the court reversed the trial court's order terminating her parental rights and remanded for further proceedings. The court...
The court held that the trial court did not err by granting summary disposition to the defendant-ex-girlfriend in the plaintiff-ex-boyfriend's action to quiet title to property he conveyed to her during their relationship because the deed validly...
The court held that the trial court erred by denying the defendant-father's motion to revisit custody. The parties were awarded joint legal custody of the children, and the plaintiff-mother was awarded primary physical custody. Approximately four...
The court held that despite any violations of MCL 211.78f and MCL 211.78i, the trial court properly denied the respondents-property owners' motion to set aside the judgment of foreclosure because they were properly served with notice and thus, they...
Concluding that the property could not be reasonably partitioned or sold in lieu of partition, the court affirmed the trial court's order granting the defendant summary disposition as to the plaintiff's partition claim. As to plaintiff's motion to...
The court held that the trial court properly terminated the respondent-mother's parental rights to the children. On appeal, she claimed that the DHS did not provide her with a service plan to achieve reunification. She wrongly asserted that the DHS...
The court held that the value of the marital home was not to be deducted from the Marital Trust at issue because it did not "pass" from decedent to the respondent given that they owned the property as tenants by the entireties. Further, the trial...
Holding that the defendants-Zairs' contention that the trial court should have imposed limitations on the voluntary dismissal was without merit, the court affirmed. The case began as a priority dispute between two mortgagees as to the Zairs' real...
Concluding that the trial court failed to describe on the record the child's ECE, and failed to adequately address the statutory best interest factors affecting its custody and parenting time decisions, the court vacated the custody and parenting...
The court affirmed the trial court's grant of summary disposition to defendants as to all the claims of easement by deed. It affirmed the trial court's ruling that the MacDonald plaintiffs did not establish a prescriptive easement, but reversed its...
Holding that the trial court misinterpreted MCL 722.31(1) in addressing the defendant-father's move and thus, failed to evaluate it according to the factors set forth in the statute, the court vacated the trial court's order granting defendant's...
The court reversed the MTT's opinion and judgment, which valued the shopping center at a TV of $1,482,875 in 2011 and at a TV of $1,509,700 in 2012, and remanded to the MTT. For the 2011 and 2012 tax years, respondent-City assessed the shopping...
The court held that the defendants-Kosts were not entitled to a prescriptive easement, concluding that by a combination of estoppel and overt acts, they abandoned any easement rights they might have had remaining in the property that was platted as...
The probate court was not divested of jurisdiction to remove appellant-Crystal Waller as PR and to appoint appellee-Fraser as successor PR while an appeal was pending, because these actions related to its management of the estate property. Thus,...
The court held that the trial court properly terminated the respondent-mother's parental rights to the three children where the statutory grounds for termination were established by clear and convincing evidence and termination was in their best...
Noting that "having no objection to a feature on property is not the same as recognizing that feature as the boundary[,]" the court held that the plaintiff failed to establish acquiescence for the statutory period. Thus, it affirmed the trial...
Where the defendant-wife (Sheryl) actively participated in the hearing and unequivocally stated that she "understood the settlement's terms, waived certain rights, and agreed to be bound by the consent judgment[,]" the trial court did not abuse its...
The court held that the district court erred in concluding that the defendant-tenant violated ¶ 8 of her lease where there was no factual finding that she was the individual making the misrepresentation about where her grandchildren resided, and...
The trial court did not err by ruling that the petitioner failed to present clear and convincing evidence that the MCI superintendent's denial of consent to adopt her three foster children was "arbitrary and capricious." After the superintendent...
The trial court did not err in granting defendants' motion for summary disposition in this breach of land contract action. The case arose from a land contract entered into between plaintiffs (sellers) and defendants (purchasers). Plaintiffs argued...
The court held that the trial court did not err by recalculating spousal support, or by denying the defendant-ex-wife's request to modify and extend spousal support and her request for attorney and expert witness fees. The parties' judgment of...
The court held that the trial court erred in applying unjust enrichment to matters that were covered by a valid contract, express or implied, and in assessing what was owed to defendants-Draeger, KD Equipment Leasing, and AIC (collectively referred...
Holding that the appellants had standing to participate as parties in the custody dispute, the court reversed the trial court's order denying their request to participate and remanded for a best interests hearing in which they and the...
The bankruptcy court properly rejected the Chapter 7 trustee's "turnover" request for a good faith deposit on a proposed real estate purchase that had been assigned to the debtor because the debtor did not possess either a legal or an equitable...
The court found no basis for appellate relief as to the trial court's finding that the plaintiff-father's motion for specific parenting time was frivolous. Defendant-mother had secured a PPO against plaintiff. It was issued in 2/12 (and, evidently,...
The court held that the TT "properly exercised its discretion and expertise in weighing and assessing the evidence" presented at the hearing on the petitioner-retail store's challenge to the respondent-city's ad valorem tax assessment. It also held...
The court held that defendants-FMM Bushnell and FMM Bushnell Great Lakes (collectively, defendant) were not good-faith purchasers because, as assignees of a non-party (Citizens), they had "actual knowledge" that their "mortgage would be secondary...
The court held that the trial court did not err in entering a judgment of divorce, or in calculating spousal support. The trial court found that the parties' marriage was irreparably broken at the time of an incident during which defendant-husband...
The court held that while the child "may be a mature, articulate 12-year-old boy, the trial court did not err in wanting more than his preference" and the defendant-father's "broad statements" to conclude that there was proper cause or a COC....
The court held that the trial court did not err by granting summary disposition for the plaintiff-township and enjoining the defendants-landowners from using their property for commercial purposes or for storing commercial property. Plaintiff...
In these consolidated appeals, the court held that petitioner-Loren Pollack's petition to set aside the Trust was barred by the MTC's SOL, and that his due process claim lacked merit because the SOL afforded him a reasonable time to file suit....
In Docket No. 318753 (the divorce case), the court agreed with the plaintiff-ex-husband (Salim Shiana) that the trial court erred in entering a divorce judgment that did not comport with the settlement agreement he reached with the...
The court held that the TT properly dismissed the petitioners' petition challenging the respondent-township's creation of a SAD to finance the extension of a public sanitary sewer system on the ground that it lacked jurisdiction because the...
Holding that the dog's (Magnum) door-jumping habit did "not rise to the level of an 'abnormally dangerous propensity,'" the court concluded that the trial court properly dismissed the plaintiff's strict liability claim against the defendant-dog...
Based on the testimony, the court held that the trial court did not abuse its discretion in denying the respondent-ex-husband's motion to terminate the PPO because the trial court had reasonable cause to believe that he interfered with the...
Concluding that there was no clear error in the trial court's findings, the court held that the property distribution was equitable in light of all the facts, "which appropriately included consideration of [the defendant-husband's] deceitful...
In this construction contract case, the trial court did not err by denying the plaintiffs' motion to vacate or modify the arbitration award and, thus, did not err by granting the defendants-lien claimants and defendant-contractor (Bosco) summary...
