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Tagged: michigan court of appeals

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Law
11:47 am
Tue August 14, 2012

Michigan Court of Appeals: Casino ballot initiative is 'unconstitutional'

Credit user clarita / MorgueFile.com

This morning, the Michigan Court of Appeals ruled a ballot initiative that would approve eight more private casinos in the state will not appear on the Nov. 6 ballot. The court ruled the ballot proposal is unconstitutional.

MLive reports that Michigan Solicitor General John Bursch broke the news on his Twitter account this morning.

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Law
3:58 pm
Wed August 8, 2012

Appeals Court: Sexually abused female prisoners must pay debts before collecting settlement money

Credit user BotMultichill / Wikimedia Commons
Michigan Court of Appeals

The Michigan Court of Appeals says women who were sexually abused in state prisons must pay the victim restitution and child support they owe before collecting settlement money from their class-action suit.

A three-judge appeals court panel ruled today that an order protecting the names of the women who sued should remain in effect.

But the court also says that where there's a conflict between protecting the women's identities and making sure that they pay victim restitution and child support, the courts must make sure the debts get paid.

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Politics & Government
1:09 pm
Fri August 3, 2012

Ficano's 20% county worker pay cut upheld

Robert Ficano
Credit Robert Ficano / RobertFicano.com
Wayne County Executive Robert Ficano

Today, the Michigan Court of Appeals ruled that when Wayne County Executive Robert Ficano imposed 20 percent pay cuts on county workers, he was acting within his rights, reports the Detroit Free Press.

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Law
4:36 pm
Mon July 2, 2012

Elections officials refuse to block ballot question

Michigan Court of Appeals
Credit user BotMultichil / Wikimedia Commons
The state Court of Appeals, seen here, could be the next stop for a business group that’s trying to keep a proposal to protect collective bargaining off the November ballot.

The state Court of Appeals could be the next stop for a business group that’s trying to keep a proposal to protect collective bargaining off the November ballot. That’s after state elections officials said they don’t have the legal authority to block the question.
    
The business-backed group Citizens Protecting Michigan’s Constitution asked the Secretary of State to rule a question not eligible to appear on the ballot – even though the union-backed petition drive collected 650,000 names. That’s double the number needed. But the business group says the question itself is broad and sweeping when it should be narrow in scope.

The ballot question would amend the state constitution to guarantee collective bargaining rights and preempt a right-to-work law in Michigan. It would also roll back Republican-sponsored efforts to limit union fundraising and organizing.

The state’s election director says in a letter that the law does not give the Secretary of State the authority to unilaterally declare a question invalid. Attorneys say they may seek a court order to keep the question off the ballot.

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Politics & Government
9:58 pm
Thu June 28, 2012

Emergency manager law opponents: Referendum question needs to go on the ballot--now

Credit Sarah Cwiek / Michigan Radio
Protesters at state government offices in Detroit Thursday.

Organizers behind the bid to get Michigan’s emergency manager law on the November ballot say they’re getting tired of waiting for the courts to act.

So they’re taking their case directly to the streets—and judges.

After a complicated legal battle, the Michigan Court of Appeals effectively ruled earlier this month that a referendum on Public Act 4 must go on the November ballot.

Last week, referendum proponents filed a motion with the court, asking them to order the state Board of Canvassers to do just that.

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Law
2:01 pm
Wed June 27, 2012

Appeals Court says Mich. 5-year welfare limit OK

Michigan Court of Appeals
Credit Mike Russell / Wikimedia Commons
The Michigan Court of Appeals

The Michigan Court of Appeals says state officials can take away welfare benefits under a five-year federal limit even if recipients still qualify for cash assistance under state law.

The ruling released today overturns a Genesee Circuit Court decision that state Human Services Director Maura Corrigan lacked authority to enforce the five-year limit.

Michigan has its own four-year limit, but it doesn't count months where someone with a disability can't work or where family members are caring for a disabled spouse or child and can't hold an outside job.

The Appeals Court also says Corrigan violated the Administrative Procedures Act where state funds were involved.

The Department of Human Services is reviewing the opinion. A message seeking comment was left for the Center for Civil Justice, which brought the suit.

Law
11:57 am
Wed June 27, 2012

Appeals court strikes down Michigan stun gun ban

Credit user jasonesbain / wikimedia commons

BAY CITY, Mich. (AP) - The Michigan appeals court says the state can't stop people from owning stun guns.

A three-judge panel at the court says the Michigan and U.S. constitutions allow people to bear arms. The court says a total prohibition on stun guns can't stand.

The decision released Wednesday involved cases from Bay City and Muskegon. In Bay City, a store employee was carrying a stun gun while he worked behind the counter. In Muskegon, a stun gun was seized from a man at his home.

A new Michigan law that takes effect in August would allow people to have stun guns if they also have a permit to carry a concealed weapon. That law was not at issue in the cases at the appeals court.

Politics & Government
6:10 pm
Wed June 20, 2012

Emergency manager law opponents move to put referendum question on the ballot

Supporters of a referendum to overturn Michigan’s emergency manager law want to make sure that question is on the November ballot.

They filed an emergency motion with the Michigan Court of Appeals Wednesday to speed that process along.

After a complicated legal process, the Court of Appeals ruled the question should go on the ballot last week, but without specifying it could take “immediate effect.” So the order could sit for as long as 42 days.

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