Blog

LITIGATION 5: The trial court properly relied on defense counsel’s representation because an attorney speaks for his client.

This appeal arises from damage that occurred to plaintiff’s property in Highland Park and the parties’ subsequent agreement to settle plaintiff’s inverse condemnation claim. The parties placed the terms of the settlement on the record, agreeing that the settlement was for $10,000 subject to City Council approval as are all municipal settlements.

Generally, only the city council can bind a municipal corporation to a contract.

Several months later, plaintiff moved for entry of a consent judgment pursuant to MCR 2.602(B)(4). Although defense counsel objected to entry of the order, he reported to the trial court that the city council approved the settlement.

The trial court then entered an order settling the consent judgment, which stated that the parties stipulated, on the record, to settle plaintiff’s inverse condemnation claim for $10,000, and that the settlement was approved by defendant’s city council.

Defendant filed a motion for reconsideration and argued that the consent judgment did not comport with the parties’ agreement. The trial court denied defendant’s motion for reconsideration because it determined that the parties agreed to the terms of the consent judgment on the record.

Defendant first argues that the trial court abused its discretion because the city council did not approve the settlement agreement before the trial court’s entry of the consent judgment.

Defense counsel’s agreement to the settlement at the settlement conference did not bind defendant to the terms of the agreement because, at that point, defendant’s city council had not approved the settlement agreement.  However, at the subsequent hearing, defense counsel reported to the trial court that defendant’s city council had approved the settlement. The trial court properly relied on defense counsel’s representation because an attorney speaks for his client.

Despite acknowledging approval by defendant’s city council, defense counsel also stated that we don’t know the terms of it. The unknown terms appear to only involve whether the judgment would be paid periodically or from the tax rolls. The trial court stated that, however defendant decides to pay it, it agreed to pay the amount of the judgment. We agree that the ambiguity regarding the timing of the payment or payments does not negate the fact that defendant’s city council approved the settlement amount.

Because the trial court relied on defense counsel’s statement that defendant’s city council approved the settlement agreement, the trial court did not abuse its discretion by entering the consent judgment.

Are you involved in a litigation dispute in Michigan? Are you seeking an efficient and effective resolution?

If you are facing litigation, seek the advice of an experienced and skilled litigation attorney at Aldrich Legal Services in Plymouth.

Contact Aldrich Legal Services

Is My Conviction Eligible for Expungement?

At one point or another, we have all made mistakes. For some people, those mistakes involved breaking the law. Convictions have a large impact on someone’s life. Beyond the sentencing ranging from community service to fines, to jail or prison...

REAL ESTATE 44: Rule of acquiescence in boundary disputes.

The doctrine of acquiescence provides that, where adjoining property owners acquiesce to a boundary line for a period of at least fifteen years, that line becomes the actual boundary line. The underlying reason for the rule of acquiescence is the promotion of peaceful resolution of boundary disputes.

FAMILY LAW 37: Referee recommended against changing legal custody or parenting time.

Plaintiff requested sole legal custody, arguing that she and defendant had difficulty co-parenting and that defendant would not agree to medical treatment for the diagnosis and treatment of ADHD, need for orthodontic work, and need for vision testing and glasses. Plaintiff also requested an alternating weekly or biweekly schedule during the summer, which would increase her overall parenting time.

REAL ESTATE 40: Tax Tribunal denied petitioner’s claim of a principal residence exemption (PRE).

MCL 211.7cc(2) provides that an owner of property can claim the PRE by filing an affidavit that must state that the property is owned and occupied as a principal residence by that owner of the property on the date that the affidavit is signed and shall state that the owner has not claimed a substantially similar exemption, deduction, or credit on property in another state.

The Steps of Construction Litigation

Most contracting agreements move forward without any problems, but when disputes between contracting parties come up, it can be confusing to understand the legal process to take. The legal experts at Aldrich Legal Services want to make the...

REAL ESTATE 38: Plaintiff fails to make land contract payments.

The land contract stated that T Company sold real property to plaintiff. The land contract further stated that if plaintiff failed to make a monthly payment, T Company could execute the quitclaim deed, thereby terminating plaintiff’s rights to the real property under the land contract.

CONTRACTS 6: Do you understand the clauses in your Purchase Agreement?

The trial court granted defendants’ motion for summary disposition, concluding that the claims against the realty companies were barred by the valid release contained in the purchase agreement and that the claims against sellers were required to be resolved in arbitration because they fell within the scope of the arbitration clause in the purchase agreement.

DIVORCE 29: Spousal support in gross is non-modifiable, whereas periodic is subject to modification.

As the name implies, periodic spousal support payments are made on a periodic basis. Periodic spousal support payments are subject to any contingency, such as death or remarriage of a spouse, whereas spousal support in gross is paid as a lump sum or a definite sum to be paid in installments. In addition, one major difference between the two types of spousal support is modifiability. Spousal support in gross is non-modifiable, whereas periodic spousal support is subject to modification pursuant to MCL 555.28.1.

How to Dispute an Insurance Adjustment

When something drastic happens, many people need to take extra steps to rebuild your home, recover property, or pay medical bill collectors. Unfortunately, most people believe they have no backup plan if their insurance company refuses their claim...

PROBATE 28: Probate court enters a protective order providing support for a community spouse.

A probate court’s consideration of the couple’s circumstances cannot involve an assumption that the institutionalized spouse should receive 100% free medical care under Medicaid or an assumption that a community spouse is entitled to maintain his or her standard of living. Medicaid is a need-based program, and a Medicaid recipient is obligated to contribute to his or her care.

REAL ESTATE 36: Plaintiff argued that her claim was not time-barred because it did not accrue until the grandmother’s death.

Plaintiff’s interest in the subject property is best characterized as a remainder estate, because her right to possession of the property was postponed until the occurrence of a specific contingency, that being the deaths of the grandparents. Plaintiff pursued this action within the 15-year limitation period; accordingly, this action is not barred by MCL 600.5801(4).

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405