M.J. KELLY , J. In this suit involving a slip and fall, plaintiff, Krystal Lowrey, appeals by right the trial court's order dismissing her claim against defendant, KSK Hospitality Group, Inc. (KSK), which does business as Woody's Diner (the bar). On appeal, we must determine whether the trial court erred when it granted KSK's motion for summary disposition under MCR 2.116(C)(10). We conclude that it did. In its motion, KSK failed to present evidence that, if left unrebutted, would...
PER CURIAM . In this dispute over the obligation to repay debt on municipal bonds, plaintiff, Sylvan Township (Sylvan), appeals by right the trial court's order granting the motion for summary disposition filed by defendant, city of Chelsea (Chelsea). On appeal, Sylvan argues that the trial court erred when it applied the doctrines of res judicata and equitable estoppel to bar its claim that Chelsea was obligated to pay a share of the municipal debt incurred by Sylvan before Chelsea...
M.J. KELLY , P.J. In this dispute over the proper interpretation of the Michigan Medical Marihuana Act, 1 see MCL 333.26421 et seq., the prosecution appeals by leave granted the circuit court's order affirming the district court's decision to dismiss the charges against defendant, Robert Michael Carlton, and denying the prosecution's request to amend the complaint. On appeal, we must determine whether the immunity and defenses provided under the Medical Marihuana Act apply to a person...
PER CURIAM . In these consolidated appeals involving the setting of rates for gas utilities, the Attorney General appeals by right three orders issued by the Michigan Public Service Commission (the Commission) in three separate contested cases. In Docket No. 322031, the Attorney General appeals the Commission's order granting the application by petitioner, Consumers Energy Company, for a temporary order approving a gas cost recovery plan (recovery plan) and gas cost recovery factors (...
WILDER , P.J. These consolidated appeals are before this Court by leave granted. 1 In each case, defendant, State Farm Mutual Automobile Insurance Company (State Farm), appeals a circuit court order affirming a district court order denying a motion for summary disposition. In Docket No. 322317, State Farm also challenges the district court's order denying leave to amend its affirmative defenses. We affirm in part and reverse in part. I Plaintiffs in both cases are healthcare providers...
PER CURIAM . Defendant appeals as of right his jury trial convictions of assault with intent to commit murder, MCL 750.83, and receiving and concealing stolen property less than $20,000, MCL 750.535(3)(a). He was sentenced to 30 to 60 years' imprisonment for his assault with intent to commit murder conviction and one to five years' imprisonment for his receiving and concealing stolen property conviction. We affirm defendant's convictions, but remand for further proceedings consistent with...
PER CURIAM . In this dispute over the right to be considered for parole, petitioner, Nathan Hayes, appeals by right the trial court's opinion and order denying his complaint for a writ of mandamus compelling respondent, the Parole Board (the Board), to consider him for parole. Because we conclude that Hayes established grounds for mandamus, we reverse and remand. I. BASIC FACTS In January 1996, a jury found Hayes guilty of armed robbery, conspiracy to commit armed robbery, and possession...
WILDER , P.J. In this action originating in the Charlevoix Probate Court, appellees contested the August 13, 2010 trust and the June 8, 2011 will of decedent Robert D. Mardigian (decedent). Appellees challenged the trust and will on the basis that appellant, the proponent of the documents and the recipient, together with his children, of the majority of decedent's estate, also was the drafter of the documents in violation of the Michigan Rules of Professional Conduct (MRPC). In a motion...
JANSEN , J. In Docket Nos. 324680 and 324681, intervenor, the Detroit Free Press, Inc. (Free Press), appeals by leave granted the trial court's order denying its motion to vacate the order precluding "all potential trial participants" in the cases pending against defendants Carla Sledge and Steven M. Collins from commenting to the media about the case (gag order). We reverse the trial court's denial of the Free Press's motion to vacate the gag order, and we vacate the gag order. I. FACTS...
MURRAY , P.J. I. INTRODUCTION In these consolidated appeals, numerous foreign 1 corporations doing business in Michigan appeal as of right the trial court's orders granting summary disposition to defendant, the Michigan Department of Treasury, pursuant to MCR 2.116(I)(1), and dismissing their complaints. These cases involve a significant number of state and federal constitutional challenges to 2014 PA 282, which the Legislature — taking the cue from the Supreme Court in Int'l Business...
STEPHENS , J. Plaintiff appeals as of right the opinion and order of the trial court granting defendant's motion for summary disposition under MCR 2.116(C)(4). We affirm. I. BACKGROUND Defendant is a Lutheran church. Plaintiff served as pastor at defendant church for seven years, from 2005 until his employment was terminated in 2012. In 2013, plaintiff filed a complaint against defendant that alleged defendant, as a member of the Lutheran Church — Missouri Synod (LCMS), wrongfully...
WILDER , J. In this action for no-fault benefits, defendant, Farm Bureau Insurance Company, appeals as of right from a stipulated order entering judgment for plaintiff, Charles Walega, in the amount of $75,000. The stipulated order preserved defendant's right to appeal the trial court's grant of summary disposition in favor of plaintiff and the trial court's denial of defendant's motion for reconsideration. Because we conclude that plaintiff's injury arose out of the ownership, operation,...
WILDER , J. Plaintiff, Dragen Perkovic, appeals as of right an order granting summary disposition to defendant, Zurich American Insurance Company. We affirm. This case arises out of a motor vehicle accident that occurred on February 28, 2009. Plaintiff was the driver and owner of a semi-truck, which he leased to E.L. Hollingsworth and Company (Hollingsworth) under an independent contractor's operating agreement. Hollingsworth had an automobile insurance policy with defendant that covered...
GADOLA , J. This case involves plaintiff Terrance D. Trahey's challenge to the water and sewer rates established by the city of Inkster (the city), commencing July 1, 2012. Plaintiff also challenged a bill he received for water and sewer services in July 2012 for $6,903.64 1 after the city installed a new water meter at plaintiff's home and determined that the new meter had a higher reading than the outside meter used to determine plaintiff's prior billings. In Docket No. 320161, the...
PER CURIAM . The Ionia Education Association (IEA) appeals as of right the order of the Michigan Employment Relations Commission (MERC) dismissing the unfair-labor-practice charge that the IEA brought against respondent, Ionia Public Schools (the school district). We affirm. I. PERTINENT FACTS AND PROCEDURAL HISTORY A. THE "BID-BUMP" PROCEDURE This case primarily involves a matter of statutory interpretation and the pertinent facts are undisputed. The IEA and the school district are...
PER CURIAM . Defendants, Ralph and Donna Stenman, appeal as of right a trial court order that, pursuant to a stipulation between the parties, dismissed the remaining claims of plaintiff, the Detroit Edison Company (DTE), with prejudice following an order that granted partial summary disposition in favor of plaintiff. We affirm. I In September 2011, plaintiff installed an advanced-metering-infrastructure (AMI) meter, commonly known as a "smart meter," on defendants' property. In March 2012,...
PER CURIAM . Plaintiff appeals the trial court's order that granted summary disposition pursuant to MCR 2.116(C)(7). For the reasons stated below, we affirm. I. FACTS AND PROCEDURAL HISTORY While boarding a Suburban Mobility Authority for Regional Transportation (SMART) bus on April 18, 2011, plaintiff slipped and fell on the wet floor of the bus aisle. Thereafter, he filed a claim for no-fault benefits from SMART's insurance administrator, which received the claim on July 5, 2011, 78 days...
PER CURIAM . In this dispute relating to the enforcement of condominium bylaws, plaintiff appeals as of right the trial court's order granting summary disposition to defendant on the basis of the determination that plaintiff lacked authority to initiate the present action. Because plaintiff failed to obtain approval from a supermajority of co-owners before filing suit in violation of the plain language of the bylaws and plaintiff's efforts to obtain approval after the fact failed to...
BOONSTRA , J. This is a consolidated appeal involving a claim under the "sewage disposal system event" exception to the governmental tort liability act (GTLA), MCL 691.1401 et seq. In Docket No. 320683, defendant Rockford Public Schools (RPS) appeals by right the trial court's order denying RPS's motion for summary disposition, in which RPS had argued that plaintiff Cannon Township was not the real party in interest and had failed to plead its claims in avoidance of governmental...
ON SECOND REMAND SAAD , J. I. PROCEDURAL HISTORY 1 This is the third time we have addressed this case on appeal. Our Court originally adjudicated this alleged Whistleblowers' Protection Act 2 (WPA) claim in 2011, and our opinion 3 reversed the jury award in Whitman's favor. We held that the Michigan Supreme Court's decision in Shallal 4 barred Whitman from claiming protection under the WPA, because he admitted that his motivation for asserting his entitlement to accumulated,...
