COA upholds constitutional validity of staute allowing a PPO based on a single prior sexual assault

The Court of Appeals, in IME v. DBS, upheld the constitutionality of MCL 600.2950a(2)(a), which allows a court to issue a PPO based on a single prior sexual assault.  The Court of Appeals affirmed the trial court’s issuance of the PPO.
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COA holds that school districts can lose state aid based on retroactive audits

In Galien Township School District v. Department of Education, the Michigan Court of Appeals ruled that the Michigan Department of Education has the power to retroactively audit a school district’s prior data.  If that prior data resulted in an improper allocation of state aid, the Department can also reduce the district’s state aid allocations. Read More

COA holds that activities in an underground non-ferrous metallic mineral mine fall within the scope of the mining permit and do not require a separate discharge permit

The rules governing groundwater discharge permits, particularly for underground mines, just became clearer thanks to the Court of Appeals’ recent decision in National Wildlife Federation v. Department of Environmental Quality, No. 308366.  Adopting a practical view of the groundwater discharge permit procedures under Part 31 of the Natural Resources and Environmental Protection Act, the Court affirmed the DEQ’s decision to grant a groundwater discharge permit to the Kennecott Eagle Minerals Company in connection with Kennecott’s underground nickel and copper mine in Marquette County.  In doing so, the Court held that Kennecott’s plans to recirculate utility water within the mine, to backfill excavated areas with development rock, and to re-flood the mine upon the completion of operations, were exempt from the permitting requirements of Part 31.  Such activities are instead regulated under Part 632, which governs non-ferrous metallic mineral mining.  See our previous post for discussion of the opinion affirming DEQ’s decision to grant Kennecott a Part 632 mining permit. Read More

COA affirms Michigan’s first non-ferrous metallic mineral mining permit, answers questions of administrative procedure

Eagle nickel/copper mine in the upper peninsula has just successfully passed another major mile-marker, and perhaps the last one, in its 8-year course of administrative and judicial review.  In National Wildlife Federation v. Department of Environmental Quality, No. 307602, the Court of Appeals affirmed in a per curiam opinion the circuit court’s order affirming the decision of the Department of Environmental Quality’s decision to grant a mining permit to the Kennecott Eagle Minerals Company back in 2010, after holding longest contested case proceeding in DEQ’s history.  In particular, the Court of Appeals rejected appellant Keweenaw Bay Indian Community’s challenge that the proposed location for the mine’s portal, Eagle Rock, was a place of worship, on grounds other than those relied upon by the DEQ and circuit court.  The Court held that Kennecott’s environmental impact assessment (EIA) was not deficient for failing to consider Eagle Rock as a place of worship because Kennecott neither knew, nor should have known, of such traditional cultural uses when it filed its EIA. Read More

COA holds that ten-year statute of limitations applies to enforcement of property settlement incorporated by reference into foreign divorce judgment

In In re Dimeglio Estate, No. 315319, the Michigan Court of Appeals held that an action to enforce a property settlement, that was incorporated into a Virginia divorce judgment, is subject to the ten-year statute of limitations in MCL 600.5809(3), instead of the standard six-year limitations period for breach of contract actions. Read More
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