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Landowners were entitled to challenge the establishment of a drainage district in the county on constitutional & statutory grounds

The court affirmed in part and reversed in part an order granting summary disposition in favor of respondents-Oakland County, the OCWRC, and the county's Water Resource Commissioner in this petition for writ of certiorari challenging the establishment of a drainage district on constitutional and statutory grounds. It remanded for further proceedings, consistent with MCL 280.161, as to the allegations that one of the members of the board of determination (G) had a pecuniary interest in the drain and that the final order of determination was premature. Petitioners argued that the trial court erred in determining that their claims were barred by collateral estoppel. The court agreed in part. "The bulk of the issues" raised here were "identical to the issues raised in the federal complaint and incorporated by the property owners in the condemnation action." The issues in Counts I, II, and III of this complaint, which were "identical to the federal complaint, were actually litigated in the condemnation action." But the claims as to G "(Counts II and III) and the final order of determination (Count IV)" were not raised previously, and thus could not have been actually litigated in the condemnation action. The trial court erred by granting summary disposition under MCR 2.116(C)(7) as to those issues. Petitioners argued that in granting respondents summary disposition on the basis of collateral estoppel, the trial court violated MCL 280.161, which they asserted required it to conduct an evidentiary hearing. However, "the issues in the federal complaint were raised previously in the condemnation action and were resolved at that time; no questions of fact remained." Thus, any argument that an evidentiary hearing was required to take testimony regarding the same issues in this action was "meritless under the plain language of MCL 280.161." But, according to the petition, issues of fact remained as to G's pecuniary interest in the drain and the final order of determination. "Accepting the factual allegations in the complaint as true and drawing inferences in a light most favorable to petitioners, summary disposition on these two issues would not have been appropriate" under respondents' alternative ground for summary disposition, MCR 2.116(C)(8). 

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

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