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A Better Partnership
December 19, 2012

MSC Order List: December 18, 2012

The Supreme Court issued two orders. In People v. Veilleux, in lieu of granting a criminal defendant's application for leave to appeal, the Supreme Court reversed the Court of Appeals, finding that the lower court's orders for consecutive sentencing on contempt and the underlying felony were improper, as such consecutive sentencing requires specific statutory authorization and the statute relied upon did not apply given that it's scope only extended to incarcertated individuals and, at the time of the contempt finding in this case, the defendant was not incarcerated.

Additionally, in Charter Township of Lyon v. McDonald's USA, LLC, the Supreme Court vacated Parts II.B and V of the Court of Appeals opinion as unnecessary to the decision of the case, and denied relief in all other respects. The Court of Appeals had reversed the trial court's judgment that compensated a commercial developer for its intangible property interest in an easement in one of its condominium units that was taken under the Uniform Condemnation Procedures Act ('UCPA'). Justice Zahra dissented stating he would have reversed the Court of Appeals decision and reinstated the trial court's award.

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