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December 2010

Dec 2010
30
December 30, 2010

MSC Opinion: OFIS may not seek revocation of resident insurance producer license, issued in 2004, where the licensee disclosed and received waiver for his prior felony conviction

On Wednesday, December 29, 2010, the Michigan Supreme Court issued its opinion in King v. Dept. of Labor and Economic Growth, Case No. 140684. Justice Davis authored the majority opinion in what is likely to be his last opinion before he leaves the Court on Saturday. The majority affirmed the Court of Appeals' opinion which found that trial court prop

Dec 2010
30
December 30, 2010

MSC Opinion: OV 19 may be scored based on conduct that occurred after the sentence offense was completed

On December 29, 2010, the Michigan Supreme Court issued its opinion in the matter of People v. Smith, Case No. 140371. Justice Young authored the 5-2 majority opinion which held that Offense Variable 19 in the Michigan Sentencing Guidelines specifically provides for consideration of conduct that occurs after the completion of the sentencing offense. T

Dec 2010
30
December 30, 2010

MSC Opinion: Dedication of base fee in a public road running parallel to water does not convey riparian rights to county road commission

On Wednesday, December 29, 2010, the Michigan Supreme Court published its opinion in 2000 Baum Family Trusts v. Babel, Case No. 139617. In a 4-3 opinion authored by Justice Markman, the Court reversed both the trial court and Court of Appeals to hold that the plaintiff-landowners did not convey riparian rights when they dedicated a portion of their wat

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