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Court Of Appeals Finds Trial Court Erred In Limiting Easement Use And Imposing Nuisance Liability

The trial court cannot restrict use of an easement when neither the easement itself nor past practice supports that restriction. Additionally, the trial court erred in finding the Association liable for nuisance as there were no findings of fact supporting the nuisance claim and any conduct that disrupted Plaintiffs enjoyment of their property was the conduct of individual subdivision owners, not the Association.

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Immunity Applies To ‘Non-Immediate’ Reporting Of Suspected Child Abuse

In this case involving the mandatory reporting of suspected child abuse, the trial court properly dismissed tort claims against a doctor and a hospital because immunity under the Child Protection Law applies even though the reporting was not “immediate,” the Michigan Court of Appeals has ruled.

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A Pyrrhic Victory in Attorney's Fee Challenge

The MI SCT reversed in a part a trial court's award of attorney's fees in a divorce case. But the victory was hollow for the party who brought their attorney's fee challenge all the way to the Supreme Court in Desai v Desai.

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