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Tag: Michigan Court of Appeals

Litigation / Property Tax / Tax Law

Leaseholders may contest tax assessments under MCL 205.735a

January 9, 2015October 16, 2019 - by Demorest Law Firm

The Michigan Court of Appeals recently held that leaseholders of commercial property could appeal tax assessments under MCL 205.735a on the property they lease. In Spartan Stores v. City of …

Leaseholders may contest tax assessments under MCL 205.735a Read More
Contracts / Court Decisions / Litigation

Townships Not Authorized to Enforce Deed Restrictions

December 12, 2014October 16, 2019 - by Demorest Law Firm

In the recent unpublished case, Town Center Flats, LLC v. Shelby Township, the Michigan Court of Appeals held that courts are authorized to enforce deed restrictions on property, but townships are not. …

Townships Not Authorized to Enforce Deed Restrictions Read More
Contracts / Court Decisions

Court of Appeals Rejects “Contagion Theory” of Arbitration – Can’t Be Forced To Arbitrate Claims You Did Not Agree to Arbitrate

September 11, 2014October 16, 2019 - by Demorest Law Firm

Parties to a contract may agree in that contract to arbitration. Where a valid arbitration agreement is found in a contract, the parties must first bring any legal claims they …

Court of Appeals Rejects “Contagion Theory” of Arbitration – Can’t Be Forced To Arbitrate Claims You Did Not Agree to Arbitrate Read More
Contracts / Court Decisions / Legal Updates

Consistency Key When Multiple Documents Make Up Agreement

August 28, 2014October 16, 2019 - by Demorest Law Firm

Ideally, the terms of an agreement will be found in one-concise writing, where the parties’ intentions and responsibilities are clear.  However, ideal situations do not always occur, and sometimes (either …

Consistency Key When Multiple Documents Make Up Agreement Read More
Contracts / Court Decisions / Litigation / Real Estate Law

Organizations Required to Follow Bylaws in Bringing Lawsuit

August 21, 2014October 16, 2019 - by Demorest Law Firm

The Court of Appeals, in its unpublished opinion in Tuscany Grove v. Gasperoni (June 24, 2014), affirmed the lower court’s dismissal of claims by a condominium association against one of …

Organizations Required to Follow Bylaws in Bringing Lawsuit Read More
Court Decisions / Litigation

Trademark Law May Prevent Using Your Name in Your Business’ Name

August 8, 2014October 16, 2019 - by Demorest Law Firm

Most people understand that they cannot open a hotel called “Holiday Inn” nor could they make their own computer and market it with the logo of an apple.  This is …

Trademark Law May Prevent Using Your Name in Your Business’ Name Read More
Contracts / Court Decisions / Litigation

Being The Writer of a Contract May Have Consequences If Conflict Arises

July 24, 2014October 16, 2019 - by Demorest Law Firm

The Michigan Court of Appeals, in a recent unpublished case, affirmed a trial court’s holding that contracts may be construed against the drafter where there is an ambiguity in the …

Being The Writer of a Contract May Have Consequences If Conflict Arises Read More
Contracts / Court Decisions / Legal Updates / Real Estate Law

Interest in Joint Tenancy with Right of Survivorship Transferable; Lack of Notarization on Deed Will Not Necessarily Defeat Transfer

June 24, 2014October 16, 2019 - by Demorest Law Firm

The Plaintiff in the recent unpublished Michigan Court of Appeals decision Fraki v. Fraki shared a joint tenancy with right of survivorship in certain property with his mother. A joint …

Interest in Joint Tenancy with Right of Survivorship Transferable; Lack of Notarization on Deed Will Not Necessarily Defeat Transfer Read More
Contracts / Court Decisions / Litigation

Photocopy of Promissory Note Will Not Work to Transfer Interest

June 17, 2014October 16, 2019 - by Demorest Law Firm

In an unpublished opinion, the Michigan Court of Appeals held that a promissory note for $400,000 that had been transferred to Plaintiffs was not enforceable because the transfer had been …

Photocopy of Promissory Note Will Not Work to Transfer Interest Read More
Contracts / Court Decisions / Legal Updates / Litigation

Better Drafting of Release Agreement May Have Prevented Further Litigation

June 5, 2014October 16, 2019 - by Demorest Law Firm

Businesses often enter into release agreements with their customers/clients where there is a possibility of injury. The release should allow the released person or entity to avoid litigation and procedurally …

Better Drafting of Release Agreement May Have Prevented Further Litigation Read More

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February 27, 2025February 27, 2025

Demorest Law Firm Selected as one of the Best Family-Led Law Firms in Michigan

December 17, 2024December 17, 2024

Demorest Law Firm Participates in Primerus Global Day of Service

December 10, 2024December 10, 2024

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