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One Court of Justice Blog

Jan 2018
08
January 08, 2018

Controversial Clio School District ban on open-carrying weapons in schools will be reviewed by the Michigan Supreme Court

In a case that has garnered national attention, Michigan Open Carry Inc. v. Clio School District, No. 155204, the Michigan Supreme Court has ordered supplemental briefing and a mini-oral argument for the parties to address:
 
(1) whether, in light of MCL 123.1102, it is necessary to consider the factors set forth in People v Llewellyn, 401 Mich 314 (1977), in order to determine whether the school district’s policies are preempted;

(2) if so, whether the Court of Appeals properly analyzed the Llewellyn factors; and

(3) whether the Court of Appeals correctly held that the school district’s policies are not preempted.
 
MCL 123.1102 bans a local unit of government from regulating the transportation or possession of firearms “except as otherwise provided by federal law or a law of this state.”  For a summary of and link to the Court of Appeals decision from December 2016 allowing enforcement of the ban, click here.  Given the year-long wait, one might have anticipated an opinion on the application.  An opinion may still be forthcoming, but with oral argument not yet scheduled, the parties will probably have to wait until close to the end of this term for the court to take action on the application, assuming oral argument is eventually scheduled for this term.

Dec 2017
28
December 28, 2017

When a misdemeanor is not a misdemeanor

The Michigan Supreme Court will hear oral argument on an application for leave to appeal concerning the effect of a two-year “misdemeanor” conviction.  People v. Washington, Case No. 156283, concerns the question of whether a two-year misdemeanor conviction for maintaining a drug house may serve as the predicate felony conviction for the charge of possessing a firearm during commission of a felony pursuant to MCL 750.227b.  If the Court grants the application, this case has the potential to have significant ramifications for individuals with so-called “high court misdemeanor” convictions.
 

Dec 2017
07
December 07, 2017

COA: A Petitioner is entitled to a Principal Residence Exemption even if the subject property is rented for more than 14 days in a year

In Rentschler v. Township of Melrose, No. 33633, the Court of Appeals addressed the issue of whether an individual is entitled to a Principal Residence Exemption (PRE) even though the individual rented the residence for over 14 days in a year. Specifically the court addressed whether the provision of the Michigan Department of Treasury Guidelines for the Principal Resident Exemption program (PRE guidelines) relied on by the Tax Tribunal in denying the petitioner’s PRE was consistent with General Property Tax Act (“GPTA”). The Court of Appeals held it was not.

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