The Michigan Supreme Court’s March 30, 2010 ruling in favor of the Detroit Public Schools (DPS) allows DPS to keep millions of dollars that DPS collected improperly, by continuing to charge taxpayers for a millage for three years after it expired. Briggs Tax Service, LLC v Detroit Public Schools. In September 1993, voters in Detroit [...]
The Michigan Consumer Protection Act provides consumers with protection against many unfair business practices. However, the Act only applies to “the conduct of a business providing goods, property or service primarily for personal, family or household purposes …” The Michigan Court of Appeals has previously ruled that the protections of the Act do not apply [...]
In Christie v Fick, a recent unpublished Michigan Court of Appeals case (March 2, 2010, No.285924), the Court was asked to review whether a tenant alleging violation of Michigan’s Anti-Lockout Statute (MCL 600.2918) was entitled to exemplary damages. The Anti-Lockout Statute specifically states that “any tenant in possession of premises whose possessory interest has been [...]
You might think that the settlement of a lawsuit requires the signature of the client. That is not the case under this Michigan Court Rules. A settlement may be enforced if (a) it is agreed to before the Judge in open court on the record by the client or attorney or (b) if there is [...]
A mortgage has priority over other liens on the property from the date it is recorded with the Register of Deeds. The mortgage can also have priority for amounts advanced by the lender after the date of recording if the mortgage contains certain specific language making it a “future advance mortgage”. In Citizens State Bank [...]
The Michigan Court of Appeals decided an interesting procedural issue regarding the appeal of post-judgment orders awarding or denying attorney’s fees. In Mossing v. Demlow Products, Inc. (2010), the trial court denied an award of attorney’s fees and costs to the defendants. This occurred after the plaintiff had already filed an appeal, and the defendants [...]
Under Michigan law, a property’s taxable value is capped and may not increase by more than the rate of inflation until ownership of the property is transferred. However, there are certain types of transfers of ownership that are exempt from this rule and will not cause an uncapping of the taxable value. These no-transfer-of-ownership exemptions [...]
The Elliott-Larsen Civil Rights Act (“CRA”), which prohibits discrimination on the basis of race, sex, religion, etc., does not apply to “ministerial” employees of religious organizations. The Michigan Court of Appeals recently ruled that if an employee’s position can be characterized as ministerial, then this employee falls under the ministerial exception and cannot file a [...]
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