Respondent L'Anse Creuse Public School Board of Education appeals by leave granted from a decision of the State Tenure Commission, reversing the preliminary decision and order of an administrative law judge to uphold respondent's decision to discharge petitioner Anna Land. For the reasons set forth in this opinion, we affirm... Petitioner was terminated from her position as a middle school teacher at respondent's school district after photographs of her engaged in a simulated act of fellatio...  

Plaintiff appeals as of right the trial court's finding of no cause of action following a bench trial in this matter concerning a beneficiary's challenge to the administration of the Anthony Edward Vogel, Sr. Living Trust. Plaintiff also challenges the trial court's determination that his suit violated the trust's no-contest provision, resulting in the forfeiture of his distributive share of the trust. We reverse and remand for further proceedings... I. FACTS... The dispute in this matter...  

Plaintiff appeals the trial court's order granting summary disposition in defendant's favor in this zoning dispute. Because the trial court did not err in granting defendant's motion for summary disposition, we affirm... This instant case arose following a prior lawsuit between plaintiff and neighboring landowners, Ronald and Cynthia Helzer, related to a three acre parcel of real property (Parcel B) the two parties owned jointly after plaintiff's brother sold his interest in the parcel, and the...  

Following a jury trial, defendant was convicted of failing to meet the notification requirements of the Sex Offender Registration Act (SORA), MCL 28.725(1)(a); MCL 28.729. Defendant was sentenced as a fourth habitual offender, MCL 769.12, to a term of 18 months to 15 years in prison. Defendant appeals as of right. We reverse... We first address defendant's claim that insufficient evidence was presented at trial to sustain his conviction. No special action at the trial court level is necessary...  

A jury convicted defendant of assault with intent to do great bodily harm less than murder, MCL 750.84, felonious assault, MCL 750.82, intentional discharge of a firearm at a dwelling, MCL 750.234b, and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. The trial court sentenced defendant to concurrent terms of 18 months' to 10 years' imprisonment for the assault with intent to do great bodily harm conviction, 18 months' to four years' imprisonment for the...  

Plaintiff, Jennifer Lynn Ancel, appeals as of right the grant of summary disposition in favor of defendants. We affirm... "A person remains subject to tort liability for non-economic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement." MCL 500.3135(1). The issue of whether a person has suffered a serious impairment of bodily function is a...  

Following a jury trial, defendant was convicted of first-degree home invasion, MCL 750.115a(2), and acquitted of domestic assault and battery, MCL 750.81(2). Defendant was sentenced as a fourth habitual offender, MCL 769.12, to serve 12 to 24 years in prison for his conviction. Defendant appeals as of right and we affirm... Defendant met complainant in June 2007. She stated that he called her several times a day and visited her, unannounced, "a couple times" at her residence....  

Defendant appeals as of right his bench trial conviction of possession of a controlled substance less than 25 grams, MCL 333.7403(2)(a)(v). Defendant was sentenced, as a fourth habitual offender, MCL 769.12, to one to eight years' imprisonment, to be served consecutive to any sentence for which defendant was on parole when he committed the instant offense. We affirm... In September 2007, while driving a car he borrowed from a neighbor, defendant was stopped by the police and arrested for...  

Mahmood and Saeeda Ahmed appeal the trial court's order that granted foreclosure judgment to Michigan Lumber Company.1 For the reasons set forth below, we affirm. This case is being decided without oral argument in accordance with MCR 7.214(E)... The trial court ruled in this case on the basis of documentary evidence the parties submitted by stipulation. The court's judgment includes a recitation of factual findings, which, but for the question of appellants' defense to appellee's construction...  

This contract dispute arises from defendants' attempt to change the premium structure of retiree supplemental life insurance (SLI) from a flat-rate to an age-rated premium, which resulted in higher premiums for older retirees. Defendants appeal as of right from the trial court's order after a bench trial holding that plaintiffs are entitled to a flat-rate premium structure based on a vested right created by past practice of the parties. We reverse and remand for entry of an order permitting...  

Defendant appeals of right her jury trial conviction of resisting and obstructing a police officer, MCL 750.81d(1). This cases arises from an incident that occurred on April 26, 2008, when police visited Risdale Street in Lansing, MI. Because when considered in a light most favorable to the prosecution, the evidence clearly established that defendant assaulted, battered, wounded, resisted, obstructed, opposed, or endangered a police officer, and, because the great weight of the evidence did not...  

In Docket No. 293762, respondent Atiba Meriweather appeals as of right from the trial court's order terminating his parental rights to "AM" under MCL 712A.19b(3)(g), (h), (j), (k)(ii), and (n)(i). In Docket No. 293763, respondent Alvena Ocasio appeals as of right from the trial court's order terminating her parental rights to "TM1," "KO1," "KO2," and "TM2" under §§ 19b(3)(g) and (j). In Docket No. 293764, respondent Meriweather appeals as of...  

Respondent Estrellita Gonzalez appeals as of right the trial court order terminating her parental rights to the minor children pursuant to MCL 712A.19b(3)(c)(i), (g), and (j). We affirm... To terminate parental rights, the trial court must find that at least one of the statutory grounds for termination set forth in MCL 712A.19b(3) has been met by clear and convincing evidence and that termination is in the best interest of the children. MCL 712A.19b(5); In re Sours, 459 Mich 624, 632-633; 593...  

Plaintiff Marvin Marks appeals as of right the grant of summary disposition to defendants Harvey and Carol Hulstrom under MCR 2.116(C)(7). We affirm. We have decided this appeal without oral argument.1... I. BASIC FACTS AND PROCEDURAL HISTORY... Marks and the Hulstroms own adjacent parcels in Ironwood Township, Michigan. Marks alleged that the Hulstroms violated the township's blight ordinance by keeping on their property, among other items, junk automobiles, trailers in disrepair, construction...  

This action involves defendant clerk's certification of a petition seeking to place on the August 3, 2010, primary ballot the question whether the incorporation of plaintiff village should be vacated. Plaintiffs appeal by right an order of the circuit court, which granted summary disposition in favor of defendants, and summarily dismissed plaintiffs' challenge to the clarity and accuracy of the petition language. We affirm. This appeal has been decided without oral argument pursuant to MCR...  

We reverse the judgment of the Court of Appeals, which affirmed the circuit court's order terminating the parental rights of Richard Mason, the respondent-father (respondent), to his two sons, J. and C. The circuit court committed several legal errors and the Department of Human Services (DHS) failed in its duties to engage respondent in the proceedings against him. First, the court and the DHS failed to facilitate respondent's participation in the child protective action by telephone in light...  

In this medical-malpractice case, we consider whether plaintiff satisfied the notice-of-intent requirements under MCL 600.2912b(2) when she timely mailed her notice of intent to file a claim (NOI) to defendants' prior address but defendants did not receive the NOI until after the expiration of the limitations period.1 We conclude that plaintiff satisfied the mandates of MCL 600.2912b(2) because the statute states that "[p]roof of the mailing constitutes prima facie evidence of compliance...  

Defendant appeals his convictions of second-degree murder, MCL 750.317, felon in possession of a firearm, MCL 750.224f, and possession of a firearm during the commission of a felony, MCL 750.227b. The court sentenced defendant as an habitual offender, second offense, MCL 769.10 to serve concurrent prison terms of 30 to 60 years for second-degree murder, and two to seven years for felon in possession, in addition to a consecutive two-year term for felony-firearm... I. FACTS... On September 27,...  

Plaintiffs brought this action against ABN AMRO, a national bank, and its affiliates ("defendant"), seeking damages arising out of mortgages that were allegedly initiated by independent agents working for defendant who were not properly licensed under state law. The lower court granted summary disposition to defendant concluding that this action is preempted by federal law, the National Bank Act, and attendant regulations. We agree with that conclusion, and we affirm... Defendant...  

Following a bench trial, defendant was convicted of two counts of armed robbery, MCL 750.529; two counts of assault with intent to murder, MCL 750.83; assault with intent to maim, MCL 750.86; first-degree home invasion, MCL 750.110a(2); two counts of assault with a dangerous weapon (felonious assault), MCL 750.82; felon in possession of a firearm, MCL 750.224f; and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. He was sentenced to concurrent prison...