OPINION McCormack , J. Two terms ago, in People v. Lockridge, 498 Mich. 358 , 870 N.W.2d 502 (2015), this Court, applying binding United States Supreme Court precedent, held that Michigan's sentencing guidelines scheme violates the Sixth Amendment of the United States Constitution. To remedy the constitutional violation, we held that the guidelines would thereafter be merely advisory rather than mandatory. In these consolidated cases, we address residual issues stemming from our...
OPINION Viviano , J. These consolidated cases present two issues. First, in Clam Lake Twp. v. Dep't of Licensing & Regulatory Affairs, we must decide whether the State Boundary Commission (Commission), when reviewing an annexation petition, has authority to determine the validity of a separate agreement entered into under the Intergovernmental Conditional Transfer of Property by Contract Act, 1984 PA 425, MCL 124.21 et seq. (Act 425 agreement). We hold that it does not. Instead, the...
OPINION McCormack , J. In this case, we consider whether petitioner, Baruch SLS, Inc. (Baruch), qualifies as a charitable institution for purposes of the exemptions from real and personal property taxes set forth in MCL 211.7o and MCL 211.9. In Wexford Med. Group v. City of Cadillac, 474 Mich. 192 , 713 N.W.2d 734 (2006), we articulated a six-factor test for determining whether an institution qualifies as a charitable institution. We now clarify Wexford 's third factor, which...
OPINION Viviano , J. At issue in this case is whether plaintiff, Daniel Kemp, is entitled to personal protection insurance (PIP) benefits under the no-fault act 1 for injuries he allegedly sustained while unloading personal belongings from his parked vehicle. 2 We hold that plaintiff created an issue of fact regarding whether he satisfied the parked motor vehicle exception in MCL 500.3106(1)(b) and the corresponding causation requirement. We also hold as a matter of law that plaintiff...
