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A Better Partnership

April 2016

Apr 2016
07
April 07, 2016

COA – A corporation’s health or enjoyment of the environment may be adversely affected by a release or threat of release from a facility, thus it has standing to bring suit under the NREPA

In the consolidated appeal of Tennine Corporation v. Boardwalk Commercial L.L.C. et al.Docket No. 323257, the Michigan Court of Appeals held that a corporation’s health or enjoyment of the environment may be adversely affected by a release or threat of release from a facility, thus it has standing to bring suit under Michigan’s Natural Resources and Environmental Protection Act (NREPA).  Further, under Docket No. 324480, the Court held that because there was no amount with which to compare defendants’ offers of judgment, the amount of the offers failed to indicate that the defendants engaged in gamesmanship barring them from an award of costs and fees.

Apr 2016
06
April 06, 2016

COA – Indirect ownership under MCL 208.1117(6) means ownership through an intermediary, not ownership by operation of legal fiction

In LaBelle Management, Inc. v. Michigan Department of Treasury, No. 324062, the Michigan Court of Appeals held that under MCL 208.1117(6), “indirect ownership” means ownership through an intermediary, not ownership by operation of legal fiction.

Apr 2016
04
April 04, 2016

MSC to determine whether an expert witness must establish specific causation in a toxic tort case to defeat summary disposition

In Lowery v. Enbridge Energy Limited Partnership, No. 151600, the Michigan Supreme Court granted leave to appeal to determine whether a plaintiff in a toxic tort case sufficiently established causation through expert testimony that inferred the causal link between the incident and the injury.

 

Apr 2016
03
April 03, 2016

COA: Nature, not necessarily nurture, establishes the familial link for inheritance purposes involving a posthumously-born child

In In re Estate of Kenneth James Koehler, No. 322996, the Michigan Court of Appeals held that applying MCL 700.2114(4), which precludes inheritance through a parent who refused to support the deceased child and who failed to openly treat the child as his own, to this case would render other sections of the Estates and Protected Individuals Code (“EPIC”), MCL 700.1101 et seq. meaningless.  It further held that the maternal relatives of the decedent failed to meet their burden of proof in showing that decedent’s father had disclaimed support for his son.

Apr 2016
02
April 02, 2016

MSC grants mini-oral argument to address the definition of “discriminatory basis” for purposes of obtaining tax exemptions as a charitable institution

In Baruch SLS, Inc v Township of Tittabawassee, No. 152047, the Michigan Supreme Court granted mini-oral argument to consider the definitions of “charitable institution” and “discriminatory basis” in the context of real and property tax exemptions available to charitable institutions under MCL 211.7o.  Baruch is a non-profit organization created to provide home healthcare and other senior lifestyle services.  In the admissions process, Baruch does not consider race, religion, color or national origin.  The applicant must, however, have the ability to pay at the outset.

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