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...
The court held that the trial court abused its discretion by granting the plaintiff-developer a writ of mandamus compelling the defendants-township and zoning administrator to issue a land use permit. While the court rejected defendants' claim that...
The court held that because the petitioner's claims of the current conservator-Poelker (her former counsel) having a conflict of interest were unsubstantiated, the probate court did not abuse its discretion in denying petitioner's petition to...
The court held that the defendant-husband failed to establish grounds for setting aside the parties' settlement agreement as to the division of the marital estate. Further, the settlement was not on its face substantively unconscionable. However,...
The court held that defendant-Fraser did not owe plaintiff a fiduciary duty pursuant to his role as the guardian and conservator for plaintiff's spouse. Thus, the court affirmed the trial court's order granting defendants-Thomas Brennan Fraser and...
The defendant-City did not violate the plaintiff's procedural due-process rights when it issued seven valid citations relating to the construction of his home addition because each citation resulted in a hearing in which the plaintiff participated....
Holding that the probate court's decision to order compensation to the appellant-PR at the rate of $90 per hour instead of the requested $200 per hour "was reasonable under the totality of the circumstances," the court affirmed the order. The PR...
The court held that because the billboard was a trade fixture, it was the defendant's property and defendant was entitled, upon termination of the lease, to remove it from the plaintiff's real property. Plaintiff's claims to the contrary had no...
The trial court did not abuse its discretion in denying the respondent-father's motion to terminate or modify the PPO obtained by the petitioner (his ex-wife). At the hearing on respondent's motion to modify or terminate the PPO, the petitioner...
The court held that while the appellant had statutory priority to become PR, the trial court did not abuse its discretion in not appointing him PR of the estate when it admitted the 6/29/05 will to probate. The court also rejected his argument that...
The court held that the trial court erred by relying solely on the referee's findings of fact and not allowing plaintiff to present testimony at the de novo review hearing. The FOC referee granted the parties joint legal custody and the...
The court held that the trial court erred to the extent that it provided for the sale of the fee simple interest of the property, and specifically to the extent that it provided for the sale of the parties' dual contingent remainder interests....
Rejecting the plaintiff's claims that she had standing to bring this action to challenge the sheriff's sale and that defects in the foreclosure process caused her actual prejudice, the court affirmed the trial court's order granting the...
The court held that while the trial court improperly considered the change of domicile factors under MCL 722.31(4) because there was no existing court order governing custody in this case, its ultimate custody decision was not in error. There was...
The court held that the probate court did not err in considering evidence that the respondent-PR owed the estate for an unpaid loan and the probate court's factual findings were not clearly erroneous. It also held that the probate court did not...
The court held that there was no genuine issue of material fact that the defendants-townships' ordinances substantively qualified as zoning regulations and regulated the same subject matter as the county's zoning ordinance. As the county adopted...
