preciseness standard (Michigan) · Go Syfert
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preciseness standard in Michigan

11 Michigan opinions name it 2 courts 1976–2005 0 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.

Followed or applied (2)

CaseFollowedCited
Argo Oil Corporation v. Atwoodgreen
mich · 1935 · cited in 4 Michigan opinions naming this issue, 1983–1985
2 sentences

1985Argo Oil Corp v Atwood, supra, 53 .’ "Footnote 7 amplifies the second principle: " 'A standard cannot be considered "as reasonably precise as the subject matter requires or permits” if it does not satisfy due process requirements.

1984Argo Oil Corp v Atwood, supra, 53.” Plaintiff has failed to address these considerations.

34
Department of Natural Resources v. Seamangreen
mich · 1976 · cited in 5 Michigan opinions naming this issue, 1978–2005
2 sentences

1982In this we are guided by the Supreme Court’s statement in Seaman : "The preciseness of the standard will vary with the complexity and/or the degree to which [the] subject regulated will require constantly changing regulation.” (Footnote omitted.) Seaman, supra, 309 .

1979"First, the act in question must be read as a whole; the provision in question should not be isolated but must be construed with reference to the entire act. * * * "Second, the standard should be 'as reasonably precise as the subject matter requires or permits’. * * * "The preciseness of the standard will vary with the complexity and/or the degree to which subject regulated will require constantly changing regulation. * * * "Third, if possible the statute must be construed in such a way as to 'render it valid, not invalid’, as conferring 'administrative, not legislative’ power and as vesting '

15

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Osius v. City of St. Clair Shores green
mich · 1956
2 sentences

1985Osius v St Clair Shores, 344 Mich 693, 698 ; 75 NW2d 25 ; 58 ALR2d 1079 (1956).7 " 'The preciseness of the standard will vary with the complexity and/or the degree to which subject regulated will require constantly changing regulation. * * * " 'Third, if possible the statute must be construed in such a way as to "render it valid, not invalid”, as conferring "administrative, not legislative” power and as vesting "discretionary, not arbitrary, authority”.

1985Osius v St Clair Shores, 344 Mich 693, 698 ; 75 NW2d 25 ; 58 ALR2d 1079 (1956).7 " 'The preciseness of the standard will vary with the complexity and/or the degree to which subject regulated will require constantly changing regulation. * * * " 'Third, if possible the statute must be construed in such a way as to "render it valid, not invalid”, as conferring "administrative, not legislative” power and as vesting "discretionary, not arbitrary, authority”.

51976–1985
People v. Soule green
mich · 1927
2 sentences

1978The `various' and `varying' detail associated with managing the natural resources has led to recognition by the courts that it is impractical for the Legislature to provide specific regulations and that this function must be performed by the designated administrative officials. *447 People v Soule, 238 Mich 130, 140 ; 213 NW 195 (1927).

1978The `various' and `varying' detail associated with managing the natural resources has led to recognition by the courts that it is impractical for the Legislature to provide specific regulations and that this function must be performed by the designated administrative officials. *447 People v Soule, 238 Mich 130, 140 ; 213 NW 195 (1927).

21976–1978
McDougall v. Schanz green
mich · 1999
2 sentences

2005Third, if possible the statute must be construed in such a way as to “render it valid, not invalid, as conferring administrative, not legislative” power and as vesting discretionary, not arbitrary, authority. [Seaman, supra at 309 (citations and punctuation deleted).] The trial court began its analysis with the third criterion and the “well-established rule that a statute is presumed to be constitutional unless its unconstitutionality is clearly apparent.” McDougall v Schanz, 461 Mich 15, 24 ; 597 NW2d 148 (1999).

2005Third, if possible the statute must be construed in such a way as to “render it valid, not invalid, as conferring administrative, not legislative” power and as vesting discretionary, not arbitrary, authority. [Seaman, supra at 309 (citations and punctuation deleted).] The trial court began its analysis with the third criterion and the “well-established rule that a statute is presumed to be constitutional unless its unconstitutionality is clearly apparent.” McDougall v Schanz, 461 Mich 15, 24 ; 597 NW2d 148 (1999).

12005–2005
Ray v. Mason County Drain Commissioner green
mich · 1975
2 sentences

1978"The preciseness of the standard will vary with the complexity and/or the degree to which subject regulated will require constantly changing regulation.” This statement echoed the attitude of this Court in Ray v Mason County Drain Commissioner, 393 Mich 294 ; 224 NW2d 883 (1975), where we noted with respect to the Michigan Environmental Protection Act: "The Legislature in establishing environmental rights set the parameters for the standard of environmental quality but did not attempt to set forth an elaborate scheme of detailed provisions designed to cover every conceivable type of environmen

1978"The preciseness of the standard will vary with the complexity and/or the degree to which subject regulated will require constantly changing regulation.” This statement echoed the attitude of this Court in Ray v Mason County Drain Commissioner, 393 Mich 294 ; 224 NW2d 883 (1975), where we noted with respect to the Michigan Environmental Protection Act: "The Legislature in establishing environmental rights set the parameters for the standard of environmental quality but did not attempt to set forth an elaborate scheme of detailed provisions designed to cover every conceivable type of environmen

11978–1978

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 24.201 (5)

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.

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