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One Court of Justice Blog

Jun 2017
21
June 21, 2017

COA: Fit parents have the right to adjust grandparenting time

“MCL 722.27b provides grandparents in certain situations the means to seek an order for grandparenting time.” However, in Geering v. King, No. 335794, the Court of Appeals found that this cannot come at the expense of limiting the right of fit parents, who may, for reasons the courts may disagree with, choose to limit the amount of time that their children spend with their grandparents.

Jun 2017
13
June 13, 2017

MSC grants MOAA to determine whether merely claiming a debt as a “bad debt” is sufficient to entitle the lender to bad-debt tax deduction

In Ally Financial Inc. v. Department of Treasury, No. 154668, the Michigan Supreme Court granted mini-oral argument to consider, among other things, whether repossessed property is excluded for "bad debt" tax credit.  
 

Jun 2017
12
June 12, 2017

MSC grants mini-oral argument to clarify the retroactive application of Executive Order 225 to retiree benefit contributions

The Michigan Supreme Court is not quite done with its analysis of the retroactivity of Order 225.  The Court again granted mini-oral argument in Board of Trustees of the City of Pontiac v. City of Pontiac, No. 154745, to address whether (1) the Court of Appeals correctly applied the findings in LaFontaine Saline, Inc. v. Chrysler Group, LLC, 496 Mich 26 (2014) to Order 225; (2) whether LaFontaine prohibited the retroactive application of Order 225 to the trust; and (3) if LaFontaine does not apply, whether Order 225’s retroactive modification of the 2011-2012 fiscal contribution to the trust is impermissible under the Michigan constitution.  This decision could have an impact on the application of Order 225 retroactively to a wide-range of obligations and claims.
 

Jun 2017
12
June 12, 2017

MSC denies leave to consider whether municipalities can bring suit for violating zoning ordinances after decades of use

In Charter Township of Lyon v. Petty and Charter Township of Lyon v. Hoskins, Case Nos. 155024 and 155025, in lieu of granting leave to appeal the Court of Appeals' decision that municipalities may choose whether and when to enforce zoning ordinances at any time, the Michigan Supreme Court vacated two portions of the Court of Appeals' decision, opining that these two statements were not necessary for the holding and were not well grounded in Michigan jurisprudence.

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