de facto doctrine (Michigan) · Go Syfert
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de facto doctrine in Michigan

8 Michigan opinions name it 2 courts 1903–2023 1 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 (3)

CaseFollowedCited
Independent School District No. I-20 of Muskogee County v. Oklahoma State Department of Educationgreen
okla · 2003 · cited in 1 Michigan opinions naming this issue, 2023–2023
1 sentence

2023The Oklahoma Supreme Court, for example, has ruled that “an agency’s obedience to the legal advice of the Attorney General—whether considered binding or merely advisory—effect[s] adoption of the Attorney General’s opinion as a rule,” and as a result, “after an agency’s adoption of an Attorney General’s advice as a basis for its standard of legal conduct, the procedural remedy of a declaratory-relief suit afforded by the Administrative Procedures Act [is] available to test the validity of the agency’s de facto rule.” Independent Sch Dist No I-20 of Muskogee Co v Oklahoma State Dep’t of Ed, 65 P

11
Drug Purchase, Inc. v. Dubroffgreen
nysd · 1980 · cited in 1 Michigan opinions naming this issue, 2010–2010
1 sentence

2010See United States v Lacey, 982 F2d 410,412 (CA 10, 1992); Drug Purchase, Inc v Dubroff, 485 F Supp 887, 890 (SD NY, 1980); see also Day v Kerkorian, 61 Mass App 804, 812; 814 NE2d 745 (2004).

11
Board of Auditors v. Benoitgreen
mich · 1870 · cited in 1 Michigan opinions naming this issue, 1920–1920
1 sentence

1920See, also, Auditors of Wayne Co. v. Benoit, 20 Mich. 176 ( 4 Am.

11

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 (6)

CaseCitedYears
People v. Matthews green
mich · 1939
2 sentences

1985People v Townsend, 214 Mich 267, 270 ; 183 NW 177 (1921), People v Matthews, 289 Mich 440, 447-448 ; 286 NW 675 (1939).

1985People v Townsend, 214 Mich 267, 270 ; 183 NW 177 (1921), People v Matthews, 289 Mich 440, 447-448 ; 286 NW 675 (1939).

21978–1985
People v. Townsend green
· 1921
2 sentences

1985People v Townsend, 214 Mich 267, 270 ; 183 NW 177 (1921), People v Matthews, 289 Mich 440, 447-448 ; 286 NW 675 (1939).

1985People v Townsend, 214 Mich 267, 270 ; 183 NW 177 (1921), People v Matthews, 289 Mich 440, 447-448 ; 286 NW 675 (1939).

21978–1985
Day v. Kerkorian green
massappct · 2004
1 sentence

2010See United States v Lacey, 982 F2d 410,412 (CA 10, 1992); Drug Purchase, Inc v Dubroff, 485 F Supp 887, 890 (SD NY, 1980); see also Day v Kerkorian, 61 Mass App 804, 812; 814 NE2d 745 (2004).

12010–2010
Tocco v. Atlas Township neutral
michctapp · 1974
2 sentences

1975In Tocco v Atlas Township, 55 Mich App 160, 166 ; 222 NW2d 264 (1974), the Court found that the defendant city had de facto affirmatively sought to zone trailer parks out altogether.

1975In Tocco v Atlas Township, 55 Mich App 160, 166 ; 222 NW2d 264 (1974), the Court found that the defendant city had de facto affirmatively sought to zone trailer parks out altogether.

11975–1975
Carleton v. People green
mich · 1862
2 sentences

1962Lest it be thought what is here said is a novel departure from the law, reference should be made to-the opinions in Carleton v. People, 10 Mich 250 , cited by the Chief Justice as has been noted above.

1962Lest it be thought what is here said is a novel departure from the law, reference should be made to the opinions in Carleton v. People, 10 Mich 250 , cited by the Chief Justice as has been noted above.

11962–1962
People v. Reigel green
mich · 1899
2 sentences

1903In that opinion we concur, and have so announced in People v. Reigel, 120 Mich. 78 ( 78 N. W. 1017 ).

1903In that opinion we concur, and have so announced in People v. Reigel, 120 Mich. 78 ( 78 N. W. 1017 ).

11903–1903

Where else courts name it

PA 38 (1976–2026) CA 28 (1991–2025) IL 22 (1928–2020) NY 14 (1968–2026) NJ 13 (1900–2022) UT 12 (1983–2017) VA 10 (2002–2025) LA 10 (1961–2026) MO 8 (1882–2019) MI 8 (1903–2023) CT 7 (1983–2019) TN 7 (1930–2009) CO 6 (1918–2023) FL 5 (1975–2025) TX 5 (1948–2015) IA 5 (1960–2022) AZ 4 (1973–2024) MN 4 (1948–2003) MD 4 (2013–2022) IN 4 (1975–2005) NM 4 (1943–2003) WA 4 (1984–2016) NV 4 (2015–2015) AR 4 (1927–2000) MS 3 (1995–2016) HI 3 (2013–2025) NC 3 (2003–2022) AK 3 (1977–1994) VT 2 (1983–1990) SD 2 (1954–1986) ME 2 (1909–2011) WI 2 (1998–2024) MA 2 (1916–2020) MT 2 (1918–2005) OK 2 (1962–1967)

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.

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