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A Better Partnership

March 2010

Mar 2010
March 10, 2010

COA Opinion: Proprietary function exception to governmental immunity

On March 9, 2010, the Court of Appeals issued a per curiam opinion in Dextrom v. Wexford County, No. 281020.' Plaintiff property owners sued the' county, alleging that contaminants from the county-operated landfill entered their groundwater.' The Court of Appeals' determined that the trial court correctly concluded that, contrary to certai

Mar 2010
March 10, 2010

COA Opinion: "Separate records" created for 2008 presidential primary subject to disclosure under FOIA

On March 9, 2010, the Court of Appeals published a 2-1 decision in Practical Political Consulting, Inc. v. Secretary of State, No. 291176.' During the 2008 presidential primary in Michigan, the Secretary of State was required to keep a "separate record" that included the name, address, and qualified voter file number of each elector and the participating political

Mar 2010
Mar 2010
March 06, 2010

COA Opinion: Attorney General disqualified under MRPC from prosecuting judge after representing judge in substantially related civil action

On March 4, 2010, the Court of Appeals published a per curiam opinion in People v. Waterstone, No. 294667, directing the Attorney General (AG) to withdraw from prosecution of the case because of a conflict of interest under Michigan Rules of Professional Conduct (MRPC) 1.9 and 1.10. In this action, the AG brought a felony complaint against Circuit Court Ju

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