absence of statutory requirement (Michigan) · Go Syfert
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absence of statutory requirement in Michigan

7 Michigan opinions name it 1 courts 1906–2005 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
State Board of Education v. Garden City School Districtgreen
michctapp · 1975 · cited in 1 Michigan opinions naming this issue, 1988–1988
1 sentence

1988It is a practical solution to an insoluble legal problem. [Garden City, supra, p 381.] *677 In conclusion, we read § 1284 of the School Code of 1976 and § 101 of the School Aid Act of 1979 as providing only a financial "carrot” to school districts who comply with the 180-day instructional standard.

11
Township of Genesee v. Genesee Countygreen
mich · 1963 · cited in 1 Michigan opinions naming this issue, 1971–1971
2 sentences

1971Contiguity is generally required even in the absence of statutory requirement to that effect, and where the annexation is left in the discretion of a judicial *591 tribunal, contiguity will be required as a matter of law.” Genesee Twp., supra, 603.

1971And again: “ * * * the rule is well established that in the absence of express authority therefor a municipal corporation may not be created, under the Constitution and laws of this State, composed of areas that are not adjacent or contiguous and that, in consequence, the addition of a noncontiguous parcel to an existing city is not permissible for the reason that it is unauthorized by law.” Genesee Twp., supra, 605.

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
Township of Owosso v. City of Owosso green
mich · 1971
2 sentences

2005Contiguity is generally required even in the absence of statutory requirement to that effect, and where the annexation is left in the discretion of a judicial tribunal, contiguity will be required as a matter of law.”[77] Recognizing that the requirement of contiguity was not “covered by any specific provision of the [HRCA],” the Court in Genesee Twp instead based its holding on non­ textual policy grounds: “the purpose sought to be served [by the HRCA] and the practical aspects of annexation . . . .”78 However, this Court revisited the contiguity rule eight years later in Owosso Twp v City of

2005Contiguity is generally required even in the absence of statutory requirement to that effect, and where the annexation is left in the discretion of a judicial tribunal, contiguity will be required as a matter of law.”[77] Recognizing that the requirement of contiguity was not “covered by any specific provision of the [HRCA],” the Court in Genesee Twp instead based its holding on non­ textual policy grounds: “the purpose sought to be served [by the HRCA] and the practical aspects of annexation . . . .”78 However, this Court revisited the contiguity rule eight years later in Owosso Twp v City of

12005–2005
Adams v. State green
alaska · 1976
2 sentences

2001Id. [7] Other courts have also recognized that routine application of the public duty doctrine has resulted in an artificial distinction between so-called "public" and "private" duties.

2001Id. 7 Other courts have also recognized that routine application of the public duty doctrine has resulted in an artificial distinction between so-called “public” and “private” duties.

12001–2001
Shively v. Stewart green
cal · 1966
1 sentence

1971In Shively v. Stewart (1966), 65 Cal 2d 475 ( 421 P2d 65 , 55 Cal Rptr 217), the California Supreme Court held that an agency must provide prehearing discovery even in the absence of statutory requirement.

11971–1971
Merkel v. Long green
mich · 1964
2 sentences

1965I agree with Justice Adams, as I said in my opinion for the remaining members of the Court in our immediately preceding decision in this case, 372 Mich at 155 , that valid as the doctrine of Greenough and Sprague is (as it has been adopted by this Court for use in this State in appropriate circumstances by our decision in Sant v. Perronville Shingle Co. [1914], 179 Mich 42 ), absent any benefit to the trusts as such, the doctrine was misapplied by the Chief Justice to the facts of this case.

1965I agree with Justice ADAMS, as I said in my opinion for the remaining members of the Court in our immediately preceding decision in this case, 372 Mich at 155 , that valid as the doctrine of Greenough and Sprague is (as it has been adopted by this Court for use in this State in appropriate circumstances by our decision in Sant v. Perronville Shingle Co. *218 [1914], 179 Mich 42 ), absent any benefit to the trusts as such, the doctrine was misapplied by the Chief Justice to the facts of this case.

11965–1965
Sant v. Perronville Shingle Co. green
mich · 1914
2 sentences

1965I agree with Justice Adams, as I said in my opinion for the remaining members of the Court in our immediately preceding decision in this case, 372 Mich at 155 , that valid as the doctrine of Greenough and Sprague is (as it has been adopted by this Court for use in this State in appropriate circumstances by our decision in Sant v. Perronville Shingle Co. [1914], 179 Mich 42 ), absent any benefit to the trusts as such, the doctrine was misapplied by the Chief Justice to the facts of this case.

1965I agree with Justice ADAMS, as I said in my opinion for the remaining members of the Court in our immediately preceding decision in this case, 372 Mich at 155 , that valid as the doctrine of Greenough and Sprague is (as it has been adopted by this Court for use in this State in appropriate circumstances by our decision in Sant v. Perronville Shingle Co. *218 [1914], 179 Mich 42 ), absent any benefit to the trusts as such, the doctrine was misapplied by the Chief Justice to the facts of this case.

11965–1965
People ex rel. Conrad v. Stone neutral
mich · 1889
1 sentence

1906Conrad v. Stone, 78 Mich. 635 .

11906–1906

Where else courts name it

MI 7 (1906–2005) DC 6 (1982–2017) CA 6 (1892–2021) NC 5 (1931–1968) VA 4 (1908–1941) NJ 4 (1975–2015) IA 4 (1925–1967) FL 4 (1964–1983) TX 4 (1939–2008) SD 3 (1909–1979) MO 2 (1961–2016) IN 2 (1888–1996) VT 2 (1906–1929) NY 2 (1928–1928) LA 2 (1938–1956) CT 2 (2003–2008)

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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