RIORDAN, P.J. The prosecution appeals as of right the trial court's order granting defendant's motion to quash and order of dismissal. Defendant was charged as a fourth-offense habitual offender, MCL 769.12, with possession with intent to deliver 50 grams or more but less than 450 grams of cocaine, MCL 333.7401(2)(a)( iii ), and possession with intent to deliver less than 5 kilograms or fewer than 20 plants of marijuana, MCL 333.7401(2)(d)( iii ). The trial court concluded that the drug...
M.J. KELLY, J. In this suit involving a trip and fall, defendant, the Department of Transportation (Department), appeals by right the trial court's order denying the Department's motion to dismiss plaintiff Helen Yono's claim on the basis that it was barred by governmental immunity. See MCR 7.202(6)(a)(v). On appeal, the Department's sole issue is whether the trial court erred when it determined that Yono's fall occurred on a highway as defined under the highway exception to governmental...
PER CURIAM. In this attorney-fee case, plaintiff Kenneth J. Speicher appeals as of right the trial court's order denying his requested actual attorney fees under the Open Meetings Act (OMA), MCL 15.261 et seq., and granting him an alternative amount of fees deemed reasonable by the trial court. We affirm in part because we conclude that actual attorney fees recoverable under MCL 15.271(4) may not be clearly excessive and only fees for the OMA action are recoverable; however, we vacate the...
PER CURIAM. Defendant, Home-Owners Insurance Company, appeals as of right the order denying its motion for summary disposition and granting plaintiff's motion for summary disposition pursuant to MCR 2.116(C)(10) in this action under the no-fault act MCL 500.3101 et seq. Defendant also challenges the order awarding attorney fees and penalty interest to plaintiff. We affirm in part and reverse in part. The facts of this case are not in dispute. On November 26, 2008, the 77-year-old plaintiff...
MARKEY, P.J. Defendant-counterplaintiff, city of Brighton (the city), appeals by leave granted the trial court's order granting partial summary disposition in favor of plaintiffs. The trial court determined that 18-59 of the Brighton Code of Ordinances (BCO) violates substantive due process when it permits the city to have an unsafe structure demolished as a public nuisance, without providing the owner the option to repair it, if the structure is deemed unreasonable to repair, which is...
MURRAY, J. Defendant, Jeffrey Kodlowski, appeals by leave granted two orders of the circuit court. The first order embodies the circuit court's decision affirming the district court's judgment convicting defendant of resisting arrest in violation of Westland Ordinance, 62-36(a), while the second order denies defendant's motion for reinstatement of oral argument. We affirm both orders. I. FACTS AND PROCEEDINGS This case arises from a marital dispute that resulted in the arrest of defendant...
MURPHY, C.J. Plaintiffs Katie Martineau Caron and Kevin Caron appeal as of right the trial court's orders granting summary disposition in favor of defendants The Christman Company; David Osler and David Osler Associates, Inc. (collectively "Osler"); and Rafael Moneo and Moneo Brock Studio, L.L.C. (collectively "Moneo"). We affirm. On June 22, 2009, plaintiff Katie Martineau Caron (hereafter "Caron") suffered serious injuries when a T-shaped, three-part portable room partition (PRP) fell on...
PER CURIAM. Plaintiff, LaFontaine Saline Inc., an authorized dealer of Chrysler motor vehicles, appeals as of right a September 19, 2011, trial court order granting summary disposition in favor of defendants Chrysler Group LLC and IHS Automotive. Plaintiff filed a complaint for declaratory relief pursuant to MCL 445.1576(3), a subsection of the motor vehicle dealers act (MVDA), MCL 445.1561 et seq., seeking an order prohibiting Chrysler from adding the Dodge vehicle line at IHS, a...
PER CURIAM. Defendant appeals a Court of Claims order granting plaintiff's motion for summary disposition. On appeal, defendant argues that the trial court erred by holding that plaintiff was entitled to capitalacquisition deductions for the tax years at issue and that defendant had improperly denied plaintiff's request for a tax refund. We affirm. Plaintiff is a business entity incorporated in the state of New York that is primarily engaged in the publication and sale of books in interstate...
PER CURIAM. Plaintiff appeals as of right the trial court's orders denying its motion for case-evaluation sanctions and the assessment of debris-removal expenses. Because plaintiff did not obtain a "verdict" entitling it to case-evaluation sanctions under MCR 2.403(O)(2)(c) and it waived its claim for debris-removal expenses, we affirm. This case arises out of a fire that occurred on plaintiff's property in Detroit on May 27, 2007. Plaintiff filed a claim with defendant, its fire-insurance...
RIORDAN, J. In a consolidated appeal in docket nos. 299405, 299406, and 299407, garnishee-defendant. Empire Fire and Marine Insurance Company appeals as of right a trial court order rejecting its objections to the garnishment sought by Great Lakes Carriers Corporation and Sargent Trucking, Inc. The garnishments were made payable to plaintiffs Marie Hunt, Thomas and Noreen Luczak, and James Huber, all of whom were involved in a car accident with truck driver Corey Drielick (Corey). We reverse...
TALBOT, P.J. A jury convicted defendant, Raymond Curtis Carp, of first-degree murder, 1 armed robbery, 2 larceny in a building, 3 and larceny of property worth $1,000 or more but less than $20,000. 4 The trial court sentenced Carp to mandatory life imprisonment without parole for the first-degree murder conviction, 15 to 30 years' imprisonment for the armed robbery conviction and 1 to 4 years' imprisonment for both larceny convictions, to be served concurrently. Following an appeal as...
PER CURIAM. In these consolidated cases, appellant Association of Businesses Advocating Tariff Equity (ABATE) (Docket No. 303009) and appellants Michigan Public Power Agency (MPPA) and Michigan Municipal Electric Association (MMEA) (Docket No. 303040) appeal the February 25, 2011, order entered by the Michigan Public Service Commission (PSC) granting appellee International Transmission Company (ITC) an expedited siting certificate for a wind energy transmission line and authorizing...
MARKEY, J. Defendant, Macomb County Commission (the Commission), appeals by right the trial court's order granting summary disposition to plaintiff, Mark Hackel (the Executive), denying summary disposition to the Commission and granting the Executive's request for attorney fees. The Executive brought this action for declaratory and injunctive relief arising from a dispute regarding whether the Executive or the Commission has the authority to approve Macomb County contracts. We reverse and...
WILDER, J. Plaintiff, Hurticene Hardaway, appeals as of right an order granting summary disposition in favor of defendant, Wayne County. Plaintiff was seeking certain lifetime retirement benefits. We reverse and remand. In March 1990, plaintiff was appointed to work as a principal attorney in the Office of Corporation Counsel for defendant. 1 Plaintiff's employment ended more than 13 years later in 2003. On December 15, 1994, the Wayne County Commission adopted Resolution No. 94-903, which...
PER CURIAM. In this priority dispute between plaintiff, Coventry Parkhomes Condominium Association, and defendant, Federal National Mortgage Association (FNMA), FNMA appeals by right the circuit court's order granting Coventry's motion for summary disposition under MCR 2.116(C)(10). We reverse. I On July 29, 2005, Denise Walsh, a coowner of a unit in Coventry's condominium complex, entered into a mortgage agreement with JP Morgan Chase Bank, N.A. (Chase), and the mortgage was recorded on...
PER CURIAM. In this wrongful termination action, plaintiff, Raymond Cuddington, appeals as of right the trial court's order granting the motion of defendant, United Health Services, Inc. (UHS), for summary disposition pursuant to MCR 2.116(C)(8) and (10). For the reasons set forth in this opinion, we vacate the trial court's order and remand for further proceedings. I. FACTS AND PROCEDURAL HISTORY UHS employed plaintiff for 12 years as a delivery technician. Plaintiff's job duties required...
PER CURIAM. This case involves two consolidated no-fault insurance cases. In Docket No. 300035, plaintiff Bronson Methodist Hospital appeals as of right the order granting the motion of defendant, Michigan Assigned Claims Facility (MACF) for summary disposition pursuant to MCR 2.116(C)(10) and denying plaintiff's motion for summary disposition. In Docket No. 300066, plaintiff appeals as of right the order denying plaintiff's motion for summary disposition and granting summary disposition...
PER CURIAM. Amerisure Insurance Company appeals by right the trial court's order ruling that the commercial insurance policy Amerisure sold to DeBruyn Produce Company covered the losses caused when DeBruyn's former controller issued herself unauthorized checks from the payroll account. We affirm, because the facts in this case do not fall within any exception to coverage under the insurance contract between the parties. Amerisure sold a commercial insurance policy to DeBruyn. In February of...
PER CURIAM. Defendant Lowell Phillips, a police officer for the city of Ferndale, appeals an order of the circuit court denying his motion for summary disposition of claims arising from the death of motorist Laszlo J. Latits under MCR 2.116(C)(7). We reverse and remand. While the parties disagree over many of the factual details and the interpretation of various facts, the basic facts needed to resolve this matter are undisputed. The events that gave rise to this action began with a routine...
