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A Better Partnership

October 2010

Oct 2010
October 13, 2010

COA Opinion: Statutory Construction of the Tax Code

In LaFarge Midwest, Inc v Detroit, Nos. 318224, 328284, & 328928, the Court of Appeals held that the statutory language of Mich. Comp. L. 211.7ff(2)(b) should be interpreted so that the phrase 'of the local governmental unit' applies to both the 'obligations approved by the electors' and 'the obligations pledging the unlimited taxing power.' Plainti

Oct 2010
October 13, 2010

COA Opinion: Michigan v Boucha

In Michigan v. Boucha, No. 289197, the Court of Appeals reversed the Circuit Court and held that a truck operator did not violate Michigan vehicle weight requirements when he raised his truck's lift axles to negotiate a curved section of road, which resulted in his axles bearing more weight than generally allowed by law. In reaching its decision, the Court of Appea

Oct 2010
October 08, 2010

COA Opinion: Defendant's failure to disclose environmental contamination rendered lease void

On October 7, 2010, the Michigan Court of Appeals published its per curiam opinion in 1031 Lapeer L.L.C. v. Rice, No. 290995 (originally released on August 5, 2010). In this case, the parties had entered into an agreement for plaintiffs to lease a gas station from defendant for a period of ten years. Defendant was aware that the gas station was a site of environme

Oct 2010
October 01, 2010

COA Opinion: Comparative-fault statute does not consider tortious conduct following injury

In Slager v Kid's Kourt, LLC, No 292856, the Court of Appeals held that where a defendant is the factual and proximate cause of an injury, a subsequent tortfeasor that is not part of the causal chain may not be held liable for the injury under Michigan's comparative-fault statutes. In Slager, a child sustained an injury

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