Government Law

Very few of the reported opinions issued by the Michigan Court of Appeals or the Michigan Supreme Court in the 2009-2010 Survey period pertaining to local, county or state government operations and policies resulted in major changes in the law. Most of the reported opinions had direct application to only specific fact situations. Except for the demise of the trespass-nuisance exception to government immunity, there were no landmark shifts in any particular topic area. The weak State of Michigan economy, which has persisted for years, may have had an impact on the number of cases filed and the number of claims eventually reaching the appellate courts. This trend may continue as local, county and state governments struggle for revenues for basic services, and the private sector has fewer resources to engage with government at all levels. Read More …

Government Law

Michigan courts published fewer opinions in the government law area during the 2008-2009 Survey period than prior years. The Michigan Supreme Court issued no landmark opinions that heralded significant or historic changes in governmental immunity or in the legal relationships among public corporations, but did issue some noteworthy zoning and land use opinions. Both the supreme court and the court of appeals are still exploring the boundaries of the exemptions from disclosure in the Michigan Freedom of Information Act, but the newest interpretations are modest changes. The few reported opinions in governmental immunity reflect the severe limitations that the Michigan Supreme Court has imposed on litigable claims over the past decade. Unlike prior election years and with no significant legislative changes to election law, the courts issued no major opinions concerning voting rights or procedures. Political activity in the City of Detroit generated a usual number of court rulings, but none of the reported cases created new legal rules applicable to Michigan municipalities in general. Read More …