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December 2008

Dec 2008
30
December 30, 2008

Tomecek v. Bavas

In a 2-2-3 opinion issued on December 30, 2008, the Michigan Supreme Court issued its opinion in Tomecek v. Bavas, upholding the plaintiffs' right to use a "drive easement" for utilities, but reversing the Court of Appeals' holding that Michigan's Land Division Act (LDA) gives trial courts the authority to alter substantive property rights. Dis

Dec 2008
24
December 24, 2008

MSC denies retroactive application of Halbert v. Michigan

In an opinion issued December 22, 2008, the Michigan Supreme Court declined to give retroactive application to the U.S. Supreme Court's decision in Halbert v. Michigan, 545 U.S. 605 (2005), which held that indigent de

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