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11 Michigan opinions name it 2 courts 1995–2023 3 in the last five years
The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Defnet v. City of Detroitgreen2 sentences2008See, e.g., Defnet, supra (the continuing-wrongful-acts doctrine applied where the de *656 fendants’ maintenance of an active sewer on the plaintiffs’ property for nearly thirty years constituted a continuing trespass); Difronzo v Port Sanilac, 166 Mich App 148 ; 419 NW2d 756 (1988) (the defendants’ building of a harbor and necessary facilities on Lake Huron bottom land adjacent to the plaintiffs property constituted an ongoing nuisance); Moore, supra (operation of a sanitary landfill constituted a continuing nuisance); Oakwood Homeowners Ass’n, Inc [v Ford Motor Co, 77 Mich App 197 ; 258 NW2d 1995See, e.g., Defnet, supra (the continuing-wrongful-acts doctrine applied where the defendants’ maintenance of an active sewer on the plaintiffs’ property for nearly thirty years constituted a continuing trespass); Difronzo v Port Sanilac, 166 Mich App 148 ; 419 NW2d 756 (1988) (the defendants’ building of a harbor and necessary facilities on Lake Huron bottom land adjacent to the plaintiff’s property constituted an ongoing nuisance); Moore, supra (operation of a sanitary landfill constituted a *628 continuing nuisance); Oakwood Homeowners Ass’n, Inc, supra (operation of manufacturing plants tha | 2 | 2 |
Horvath v. Delidagreen2 sentences2018The crux of the doctrine is that “a continuing wrong is established by continual tortious acts, not by continual harmful effects from an original, completed act.” Horvath v Delida, 213 Mich App 620, 627 ; 540 NW2d 760 (1995). 2018The crux of the doctrine is that “a continuing wrong is established by continual tortious acts, not by continual harmful effects from an original, completed act.” Horvath v Delida, 213 Mich App 620, 627 ; 540 NW2d 760 (1995). | 1 | 3 |
Roy v. Department of Transportationgreen2 sentences1998It does not frustrate the policy announced in other statutes of protecting bicyclists by requiring them to use bicycle paths, where provided, in preference to roads, because bicycles on bicycle paths are not exposed to the hazards which arise from, mixing bicycle and vehicular means of travel." [Id. at 316, quoting Roy, supra at 341 (emphasis in original).] The crux of the analysis we utilized in Roy and Gregg applies to the facts of these cases as well. 1998It does not frustrate the policy announced in other statutes of protecting bicyclists by requiring them to use bicycle paths, where provided, in preference to roads, because bicycles on bicycle paths are not exposed to the hazards which arise from mixing bicycle and vehicular means of travel." [ Id. at 316, 458 N.W.2d 619 , quoting Roy, supra at 341 , 408 N.W.2d 783 (emphasis in original).] The crux of the analysis we utilized in Roy and Gregg applies to the facts of these cases as well. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Manson v. Brathwaite
green
2 sentences2023Rather, “reliability is the linchpin in determining the admissibility of identification testimony . . . .” Brathwaite, 432 US at 114 . 2023Rather, “reliability is the linchpin in determining the admissibility of identification testimony . . . .” Brathwaite, 432 US at 114 . | 3 | 2023–2023 |
People v. Meissner
green
2 sentences2014Meissner, 294 Mich App at 459 . 2014Id. at 459 . | 2 | 2014–2014 |
Difronzo v. Village of Port Sanilac
green
2 sentences2008See, e.g., Defnet, supra (the continuing-wrongful-acts doctrine applied where the de *656 fendants’ maintenance of an active sewer on the plaintiffs’ property for nearly thirty years constituted a continuing trespass); Difronzo v Port Sanilac, 166 Mich App 148 ; 419 NW2d 756 (1988) (the defendants’ building of a harbor and necessary facilities on Lake Huron bottom land adjacent to the plaintiffs property constituted an ongoing nuisance); Moore, supra (operation of a sanitary landfill constituted a continuing nuisance); Oakwood Homeowners Ass’n, Inc [v Ford Motor Co, 77 Mich App 197 ; 258 NW2d 2008See, e.g., Defnet, supra (the continuing-wrongful-acts doctrine applied where the de *656 fendants’ maintenance of an active sewer on the plaintiffs’ property for nearly thirty years constituted a continuing trespass); Difronzo v Port Sanilac, 166 Mich App 148 ; 419 NW2d 756 (1988) (the defendants’ building of a harbor and necessary facilities on Lake Huron bottom land adjacent to the plaintiffs property constituted an ongoing nuisance); Moore, supra (operation of a sanitary landfill constituted a continuing nuisance); Oakwood Homeowners Ass’n, Inc [v Ford Motor Co, 77 Mich App 197 ; 258 NW2d | 2 | 1995–2008 |
Moore v. City of Pontiac
green
2 sentences2008See, e.g., Defnet, supra (the continuing-wrongful-acts doctrine applied where the de *656 fendants’ maintenance of an active sewer on the plaintiffs’ property for nearly thirty years constituted a continuing trespass); Difronzo v Port Sanilac, 166 Mich App 148 ; 419 NW2d 756 (1988) (the defendants’ building of a harbor and necessary facilities on Lake Huron bottom land adjacent to the plaintiffs property constituted an ongoing nuisance); Moore, supra (operation of a sanitary landfill constituted a continuing nuisance); Oakwood Homeowners Ass’n, Inc [v Ford Motor Co, 77 Mich App 197 ; 258 NW2d 1995See, e.g., Defnet, supra (the continuing-wrongful-acts doctrine applied where the defendants’ maintenance of an active sewer on the plaintiffs’ property for nearly thirty years constituted a continuing trespass); Difronzo v Port Sanilac, 166 Mich App 148 ; 419 NW2d 756 (1988) (the defendants’ building of a harbor and necessary facilities on Lake Huron bottom land adjacent to the plaintiff’s property constituted an ongoing nuisance); Moore, supra (operation of a sanitary landfill constituted a *628 continuing nuisance); Oakwood Homeowners Ass’n, Inc, supra (operation of manufacturing plants tha | 2 | 1995–2008 |
Hodgeson v. Genesee County Drain Commissioner
neutral
2 sentences2008See, e.g., Defnet, supra (the continuing-wrongful-acts doctrine applied where the de *656 fendants’ maintenance of an active sewer on the plaintiffs’ property for nearly thirty years constituted a continuing trespass); Difronzo v Port Sanilac, 166 Mich App 148 ; 419 NW2d 756 (1988) (the defendants’ building of a harbor and necessary facilities on Lake Huron bottom land adjacent to the plaintiffs property constituted an ongoing nuisance); Moore, supra (operation of a sanitary landfill constituted a continuing nuisance); Oakwood Homeowners Ass’n, Inc [v Ford Motor Co, 77 Mich App 197 ; 258 NW2d 2008See, e.g., Defnet, supra (the continuing-wrongful-acts doctrine applied where the de *656 fendants’ maintenance of an active sewer on the plaintiffs’ property for nearly thirty years constituted a continuing trespass); Difronzo v Port Sanilac, 166 Mich App 148 ; 419 NW2d 756 (1988) (the defendants’ building of a harbor and necessary facilities on Lake Huron bottom land adjacent to the plaintiffs property constituted an ongoing nuisance); Moore, supra (operation of a sanitary landfill constituted a continuing nuisance); Oakwood Homeowners Ass’n, Inc [v Ford Motor Co, 77 Mich App 197 ; 258 NW2d | 2 | 1995–2008 |
People v. Lopez
green
1 sentence2015“The crux of this test is to determine whether any mistakes effectively deprived defendant of the right to a fair trial.” Id. | 1 | 2015–2015 |
FILLMORE TP. v. Secretary of State
green
1 sentence2008Moreover, defendants argue that the continuing-wrongful-acts doctrine no longer applies in Michigan in light of Garg *652 v Macomb Co Community Mental Health Services, 472 Mich 263 ; 696 NW2d 646 (2005), amended 473 Mich 1205 (2005). 8 We conclude that plaintiffs’ claim for money damages for injury to plaintiffs’ property is a claim for injury to property within the plain text of MCL 600.5805(10), whether the claim is for the death of trees or for the submersion of the land. | 1 | 2008–2008 |
Oakwood Homeowners Ass'n v. Ford Motor Co.
green
2 sentences2008See, e.g., Defnet, supra (the continuing-wrongful-acts doctrine applied where the de *656 fendants’ maintenance of an active sewer on the plaintiffs’ property for nearly thirty years constituted a continuing trespass); Difronzo v Port Sanilac, 166 Mich App 148 ; 419 NW2d 756 (1988) (the defendants’ building of a harbor and necessary facilities on Lake Huron bottom land adjacent to the plaintiffs property constituted an ongoing nuisance); Moore, supra (operation of a sanitary landfill constituted a continuing nuisance); Oakwood Homeowners Ass’n, Inc [v Ford Motor Co, 77 Mich App 197 ; 258 NW2d 2008See, e.g., Defnet, supra (the continuing-wrongful-acts doctrine applied where the de *656 fendants’ maintenance of an active sewer on the plaintiffs’ property for nearly thirty years constituted a continuing trespass); Difronzo v Port Sanilac, 166 Mich App 148 ; 419 NW2d 756 (1988) (the defendants’ building of a harbor and necessary facilities on Lake Huron bottom land adjacent to the plaintiffs property constituted an ongoing nuisance); Moore, supra (operation of a sanitary landfill constituted a continuing nuisance); Oakwood Homeowners Ass’n, Inc [v Ford Motor Co, 77 Mich App 197 ; 258 NW2d | 1 | 2008–2008 |
Garg v. MacOmb County Community Mental Health Services
green
2 sentences2008Moreover, defendants argue that the continuing-wrongful-acts doctrine no longer applies in Michigan in light of Garg *652 v Macomb Co Community Mental Health Services, 472 Mich 263 ; 696 NW2d 646 (2005), amended 473 Mich 1205 (2005). 8 We conclude that plaintiffs’ claim for money damages for injury to plaintiffs’ property is a claim for injury to property within the plain text of MCL 600.5805(10), whether the claim is for the death of trees or for the submersion of the land. 2008Moreover, defendants argue that the continuing-wrongful-acts doctrine no longer applies in Michigan in light of Garg *652 v Macomb Co Community Mental Health Services, 472 Mich 263 ; 696 NW2d 646 (2005), amended 473 Mich 1205 (2005). 8 We conclude that plaintiffs’ claim for money damages for injury to plaintiffs’ property is a claim for injury to property within the plain text of MCL 600.5805(10), whether the claim is for the death of trees or for the submersion of the land. | 1 | 2008–2008 |
Gregg v. State Highway Department
green
2 sentences1998It does not frustrate the policy announced in other statutes of protecting bicyclists by requiring them to use bicycle paths, where provided, in preference to roads, because bicycles on bicycle paths are not exposed to the hazards which arise from mixing bicycle and vehicular means of travel." [ Id. at 316, 458 N.W.2d 619 , quoting Roy, supra at 341 , 408 N.W.2d 783 (emphasis in original).] The crux of the analysis we utilized in Roy and Gregg applies to the facts of these cases as well. 1998We noted that "`the statute does not offer general protection to pedestrians or motorists without regard to location.'" Gregg, supra at 312 , 458 N.W.2d 619 , quoting Roy, supra at 341 , 408 N.W.2d 783 . [7] We more recently addressed the applicability of the highway exception to an injured pedestrian in Mason v. Wayne Co. Bd of Comm'rs . | 1 | 1998–1998 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.