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A Better Partnership

June 2009

Jun 2009
June 26, 2009

COA Opinion: It is an abuse of discretion to deny intervention when the party with similar interests fails to appear or oppose a dispositive motion

In Auto-Owners Insurance Co. v. Keizer-Morris, Inc., No. 284753 (published June 25, 2009), the Court of Appeals reversed a circuit court order denying a motion to intervene. The background events began when a man was injured while performing construction activities, allegedly because a piece of equipment exploded. The injured man sued the equipmen

Jun 2009
June 24, 2009

COA Opinion: Dedication of Lakefront Road for Public Use Cuts off Riparian Rights

Yesterday, the Court of Appeals published a per curiam decision in 2000 Baum Family Trust v. Babel, No. 284547, which affirmed the decision of the Charlevoix County Circuit Court that the owners of lots that fronted Lake Charlevoix but were separated from the water by a road, did not have riparian rights because that road had been dedicated to public

Jun 2009
June 24, 2009

COA Opinion: The Highway Exception to Governmental Immunity Encompasses Inadequate Maintenance of the Sides and Bottom of Bridges.

On June 23, 2009, the Court of Appeals published a split opinion in Moser v. City of Detroit, No. 283922, holding that the Michigan Department of Transportation (MDOT) did not have governmental immunity from the plaintiff's suit in tort for injuries he suffered when concrete from the fascia of an overpass fell onto his windshield. MDOT filed this in

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