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One Court of Justice Blog

May 2017
11
May 11, 2017

MSC holds tax exemption open to all educational institutions regardless of for-profit status

All charitable, educational, and scientific institutions--whether nonprofit or for-profit--are exempt from personal property tax under the General Property Tax Act, according to the Michigan Supreme Court's recent decision in SBC Health Midwest Inc. v. City Of Kentwood, No. 319428.  Though a specific provision in the Act exempts real and personal property of a not-for-profit educational institution from tax, that provision does not negate the more general provision exempting from taxation the personal property of all educational institutions, regardless of nonprofit or for-profit status.

May 2017
11
May 2017
11
May 11, 2017

COA: Convicted felons cannot be authorized medical marijuana providers, even if they have a license

A felony conviction automatically voids a defendant’s license to distribute medical marijuana, said the Michigan Court of Appeals. In the consolidated cases of People v. Tackman, No 330654, People v. Horner, No. 330656, and People v. Vantol, No. 331874, the court made clear that Michigan law does not permit felons to be licensed “caregivers.” Although Michigan’s Medical Marihuana Act (the Act) provides immunity to those who are licensed to provide medical marijuana to licensed users, it requires that the caregiver “has never been convicted of a felony.” Defendants failed to meet that standard, but the trial court nonetheless dismissed the charges against them, reasoning that because the Secretary of State never revoked the caregivers’ licenses, those licenses were still valid. The Court of Appeals reversed.

May 2017
11
May 11, 2017

COA holds that trial courts have authority to make factual findings regarding “special immigrant juvenile” status

In In re LFOC, No. 334870, the Court of Appeals held that although ultimate determinations of alienage are the federal government’s to make, state juvenile courts have the authority to make relevant factual findings related to a child’s status as a special immigrant juvenile (“SIJ”), and those findings can subsequently be used in the child’s petition for SIJ status with the federal government.
 

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