Litigation/Jul 23, 2012

Taxable Costs and Reasonable Attorney Fees

Under Michigan law, a party who prevails at trial is entitled to recover taxable costs.  Michigan Court Rule MCR 2.625(A)(1) sets forth this rule.  Certain litigated matters go through a process called “case evaluation”.  Under the case evaluation court rule, a party who rejects case evaluation and who does not better his position at trial ... Read More
Real Estate/Jul 23, 2012

Unjust Enrichment Argument in Construction Lien Suit

An unpaid material supplier raised an interesting argument in an attempt to get paid from the mortgage company in a construction lien lawsuit.  In Arlington Transit Mix v MGA Homes, unpublished Michigan Court of Appeals decision dated June 26, 2012 (Docket No. 295530), a homeowner utilized a construction loan from Countrywide Home Loans to build a ... Read More
Corporate & Business/Jul 23, 2012

Piercing the Corporate Veil

The Michigan Court of Appeals recently confirmed that corporations that do not conduct annual meetings or properly keep their corporate record books up to date risk subjecting their owners to individual liability.  In New Properties, Inc. v Lakes of the North Association, unpublished Court of Appeals decision dated June 26, 2012 (Docket No. 301910), the ... Read More
Environmental/May 18, 2012

Changes to Michigan’s Leaking Underground Storage Tank Act (Part 213)

Significant changes to Michigan’s Leaking Underground Storage Tank (LUST) program became effective on May 1, 2012, when Governor Rick Snyder signed six bills into law.  These legislative amendments to Part 213 of the Natural Resources and Environmental Protection Act (NREPA) have been in the works for a number of years, as many have become increasingly ... Read More
Firm News/Apr 18, 2012

Careful Review of Local Ordinance Leads to Recent Cell Tower Victory

When a major telecommunications company targets a particular property or location for a new cell tower, to the local citizens and residents impacted by the tower, it can seem like a foregone conclusion that they will have to simply suck it up and bear the loss of property value and live in the shadow of ... Read More

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