Plaintiff brought suit, alleging that the rezoning denial deprived it of its constitutional rights to equal protection and substantive due process. The parties filed competing motions for summary disposition. The briefs largely focused on whether defendant had treated the Property differently from other properties in the downtown area and whether it had legitimate reasons for doing so.
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The trial court found that both the lease and the legal description of farmland attached to the Trust Agreement are defective because the Trust never owned the property, as evidenced by the quitclaim deed and its recording in April 1998.
The Child Custody Act of 1970, MCL 722.21 authorizes a trial court to issue custody and parenting-time orders that are in the child’s best interests. A showing of proper cause or change of circumstances is required to modify a parenting-time order. The movant has the burden of proving by a preponderance of the evidence that either proper cause or a change of circumstances exists.
WILLS/TRUSTS 9: Probate court can appoint a successor trustee if one cannot be appointed in accordance with the trust.
MCL 700.7704(3) permits the probate court to appoint a successor trustee if one cannot be appointed in accordance with the trust.
Divorce comes with confusion and mixed emotions. The question of who gets custody of pets may be even more confusing- especially since pets can begin to feel like family. Courts often look out for the interest of human children and allow for shared...
To receive involuntary mental health treatment under the Mental Health Code, MCL 330.1001, a petitioner is required to establish that respondent has a mental illness and who as a result of that mental illness can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual, and who has engaged in an act or acts or made significant threats that are substantially supportive of the expectation.
In October 2015, plaintiff began operating under his new company and filed an action for declaratory relief seeking to have the parties’ respective rights under the employment agreement clarified. Defendant filed a counter claim for damages and injunctive relief to protect Company R’s customer base.
Based on the testimony, the trial court ordered the dissolution and liquidation of the assets of the LLC. The trial court also directed the LLC to make a distribution to plaintiff, which represented the 49% share owed to him to compensate for defendant’s distribution.
When an employer terminates its pension plan, ERISA liability does not end with the company that actually promised pension payments. Instead, a trade or business under common control of the employer is treated as part of the employer and so incurs liability under ERISA.
The parties agreed that the decedent properly executed the 2005 will with his wife, but the probate court was asked to rule on whether the terms of that will made it irrevocable, which would mean that the decedent could not change his estate plan by way of the 2015 will.
Some of the reasons why people tint their car windows include to enhance safety, achieve a good level of privacy and to prevent their skin from the damaging effects of UV rays. Despite these benefits, window tinting can affect a driver’s...
It is a fundamental rule of civil procedure in this state that leave to amend pleadings should be given freely.
DIVORCE 10: For an agreement to be unconscionable, there must be both procedural unconscionability and substantive unconscionability.
Despite having signed the proposed divorce judgment, defendant filed an answer to the divorce complaint on February 28, 2017, and on March 2, 2017, she filed a response to plaintiff’s motion for entry of proofs and judgment, along with a motion to restore her possession of the marital home. Defendant claimed arguments premised on unconscionability.
To establish undue influence, it must be shown that the grantor was subjected to threats, misrepresentation, undue flattery, fraud, or physical or moral coercion sufficient to overpower volition, destroy free agency and impel the grantor to act against his inclination and free will.
Plaintiff contends that the trial court erred in failing to determine ALF’s established custodial environment before it modified the custody order. Plaintiff correctly states that the trial court failed to determine the established custodial environment.
Driving with a suspended license is a common occurrence in Michigan especially since there are limited public transport options. This makes it challenging to traverse around which brings about the temptation to get behind the wheel even after the...
In terrorem clauses, also called “no-contest” clauses, generally provide that a beneficiary of a will or trust forfeits any interest under the instrument if the beneficiary challenges or contests any of its provisions.
To award fees on the basis of misconduct, the trial court must determine that misconduct, in fact, occurred and that the misconduct caused the party seeking fees to incur the fees awarded.
DIVORCE 14: A temporary order remains in effect until modified or until the entry of the final judgment of divorce.
Plaintiff contends that the trial court erred in extending the status quo beyond entry of the JOD. Pursuant to MCR 3.207(C)(5), a temporary order remains in effect until modified or until the entry of the final judgment or order.
As set forth in MCL 700.2502(1), there are specific formalities that are generally required to execute a valid will. However, as expressly stated in MCL 700.2502(1), there are several exceptions to these formalities.
When you decide to sell your home, you have the choice between using an agent to put your home on the market or selling it yourself. While hiring a reputable real estate agent is beneficial, hiring an attorney who specializes in the sale and...
The subcontracts written by Defendant and signed by Plaintiff unambiguously contemplated that if any disputes related to their subcontract found their way to a courtroom, a jury would not be impaneled to resolve them.
PROBATE 13: Are you a surviving spouse if you were “willfully absent” from decedent in the years leading up to death?
While physical separation is necessary for a finding that a spouse is not a surviving spouse for the purposes of EPIC, physical separation alone is insufficient.
Following a bench trial, the circuit court ruled that the seasonal boat hoist was not a structure under the Zoning Ordinance’s definition and therefore its erection did not violate the ordinance. The court rejected Plaintiff’s claim to title by acquiescence and also based on the legal descriptions of the lots. Accordingly, the court quieted title in defendants’ favor.
Plaintiffs advised the probate court that they intentionally failed to file a witness list and an exhibit list as required by the court’s scheduling order because they objected to and never wanted a trial.
Anyone who owns real estate in Michigan has made a valuable investment. Whether you acquire a home, business, or other property, you want to make sure that the transaction works in your favor and all documents are handled correctly. For real estate...
Pursuant to the Friend of the Court Act, MCL 552.501 et seq., when a domestic relations motion is submitted to a referee for hearing, a party who files a timely objection to the referee’s recommendation is entitled to have the matter reviewed by the trial court. MCL 552.507(4).
A claim accrues, and the limitations period begins to run, when the claim may be brought. Here, the breach of contract alleged occurred no earlier than September 2010, when defendants signed a seller’s disclosure statement (SDS) and the parties executed a purchase agreement.
Under Michigan law, parties may acquiesce to a new property boundary line. Acquiescence is established when a preponderance of the evidence establishes that the parties treated a particular boundary line as the property line.
The circuit court awarded defendant sole legal and physical custody of the minor children and awarded grandparenting time to plaintiffs.
Even if you don't believe underage drinking is a big deal, the police in Michigan take it serious. The penalties can include fines or even a potential criminal record. What Happens for a First Underage Drinking Offense? Under Michigan law,...
The court found that plaintiff would rather have her children in daycare than have them spend time with their father.
Appellant appealed Probate Court’s order denying his petition seeking enforcement of an option to purchase stock as conferred by the trust.
The appeals court concurred with the findings of the trial court that the assertions which provided the basis for defendant’s motion are within the bounds of normal life circumstances typical of 13-year-old teenagers.
REAL ESTATE 18: If contract is silent as to time of performance, the law will presume a reasonable time.
The absence of an explicitly stated time for performance or payment does not render a contract invalid or unenforceable. One party’s substantial breach of a contract may relieve the other party of its obligation to perform under the contract. Substantial breach may be found in cases where the breach has effected such a change in essential operative elements of the contract that further performance by the other party is thereby rendered ineffective or impossible.
Summer is here. While most people are dreaming about relaxing and taking a well-earned vacation, others are getting ready for their busiest time of year. According to a report by the US Department of Justice, the crime rate can increase more than...
Plaintiff primarily contends that the arbitration panel’s majority incorrectly found that plaintiff bore the burden of proof.
The appeals court agreed with the trial court that plaintiff’s conduct in filing for divorce in another county while the Oakland County divorce judgment was still in effect violated that judgment of divorce.
When filing for divorce in Michigan, you may seek alimony, spousal support, from their spouse whenever they require financial aid. A judge may order your spouse to pay certain alimony. However, it depends on the prevailing circumstances. Also, the...
In this case, respondent’s counsel failed to notify respondent of his intent to withdraw from representation, and the court failed to notify respondent of the date of the termination trial.