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A Better Partnership

February 2011

Feb 2011
11
February 11, 2011

COA Opinion: Under factor (c) of the change of domicile statute, a trial court must consider whether plaintiff's proposed parenting time schedule provides 'a realistic opportunity to preserve and fost

In McKimmy v Melling, the Court of Appeals held that when ruling on a change of domicile motion, a trial court should consider whether a proposed parenting time schedule provides 'a realistic opportunity to preserve and foster the parental relationship' and not whether the proposed schedule would be the best plan. Plaintiff and

Feb 2011
10
February 10, 2011

COA Opinion: City-installed drainage pipe held a trespass

On February 8, 2011, the Michigan Court of Appeals published its opinion in Wiggins v. City of Burton, No. 293023. The court held that a drainage pipe installed within a private, storm-detention easement constituted a trespass but not a nuisance, and that both the city, which built the drain, and the landowners, which requested the drain to be built

Feb 2011
09
February 09, 2011

COA Opinion: Affirmative defenses do not require a response, and the absence of a response to an affirmative defense stands as a denial of the defense even if the opposing party makes a demand for a

In McCracken v City of Detroit, No 294218, the Court of Appeals held that affirmative defenses are not pleadings requiring a response and that the absence of a response stands as a denial of the defense even if the opposing party makes a demand for a response. In the trial court, the plaintiffs filed a complaint alleging race discrimination and a

Feb 2011
04
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