Glenn v. TPI Petroleum, Inc.

854 N.W.2d 509, 305 Mich. App. 698
CourtMichigan Court of Appeals
DecidedJune 24, 2014
DocketDocket No. 308636
StatusPublished
Cited by45 cases

This text of 854 N.W.2d 509 (Glenn v. TPI Petroleum, Inc.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glenn v. TPI Petroleum, Inc., 854 N.W.2d 509, 305 Mich. App. 698 (Mich. Ct. App. 2014).

Opinion

WILDER, J.

Defendant Valero Energy Corporation (Valero) appeals by delayed leave granted1 the trial court’s denial of Valero’s motion for summary disposi[701]*701tion brought under MCR 2.116(C)(1) for lack of personal jurisdiction. We reverse.

This matter arises from the alleged contamination of plaintiffs’ properties by leaky underground storage tanks located on property that was operated as a gasoline station at 22645 West Eight Mile Road, in Detroit, Michigan. Valero challenges the trial court’s second denial of its motion for summary disposition brought pursuant to MCR 2.116(C)(1), following this Court’s remand in Glenn v TPI Petroleum, Inc, unpublished order of the Court of Appeals, entered October 7, 2011 (Docket No. 305145). In remanding this case to the trial court, this Court stated, in relevant part:

In ruling that it had specific (limited) personal jurisdiction under MCL 600.715, the trial court failed to determine if the exercise of jurisdiction was consistent with the requirements of the Due Process Clause of the Fourteenth Amendment. Electrolines[, Inc] v Prudential Assurance [Co, Ltd], 260 Mich App 144, 167; 677 NW2d 874 (2003). Therefore, the matter is REMANDED to the trial court to conduct the proper analysis. In addition, the trial court shall provide further explanation as to the facts upon which it was relying upon to exercise jurisdiction under MCL 600.715 and identify the particular subsection upon which it relied, where Valero Energy Corporation provided a covenant deed ■with respect to the property in Benton Harbor, which established the property was not owned by Valero Energy, and provided an affidavit establishing that Shay Wideman was not an employee or agent of Valero Energy. The trial court shall also explain its statement that the companies for whom Wideman was working “all trace back” to Valero Energy Corporation, and why it is imputing Wideman’s actions to Valero Energy and/or disregarding the corporate entities, especially where the complaint does not assert a claim to pierce the corporate veil. See Foodland Distributors v Al-Naimi, 220 Mich App 453, 456; 559 NW2d 379 (1996). [Zd.]

[702]*702On remand, the trial court again denied Valero’s motion for summary disposition.

As recognized by this Court in Yoost v Caspari, 295 Mich App 209, 219; 813 NW2d 783 (2012):

This Court reviews de novo a trial judge’s decision on a motion for summary disposition. The legal question of whether a court possesses personal jurisdiction over a party is also reviewed de novo. This case also presents the legal question of whether the exercise of personal jurisdiction over a nonresident... is consistent with the notions of fair play and substantial justice required by the Due Process Clause of the Fourteenth Amendment, which we likewise review de novo. [Citations omitted.]

Specifically:

When reviewing a trial court’s decision on a motion for summary disposition brought under MCR 2.116(C)(1), the trial court and this Court consider the pleadings and documentary evidence submitted by the parties in a light most favorable to the nonmoving party. The plaintiff bears the burden of establishing jurisdiction over the defendant, but need only make a prima facie showing of jurisdiction to defeat a motion for summary disposition. The plaintiffs complaint must be accepted as true unless specifically contradicted by affidavits or other evidence submitted by the parties. Thus, when allegations in the pleadings are contradicted by documentary evidence, the plaintiff may not rest on mere allegations but must produce admissible evidence of his or her prima facie case establishing jurisdiction. [Id. at 221 (citations and quotation marks omitted).]

To the extent this case involves the interpretation and application of a statute, our review is de novo. The primary goal when interpreting a statute is to ascertain and give effect to the Legislature’s intent. Mich Ed Ass’n v Secretary of State (On Rehearing), 489 Mich 194, 217-218; 801 NW2d 35 (2011). “The words con[703]*703tained in a statute provide us with the most reliable evidence of the Legislature’s intent.” Green v Ziegelman, 282 Mich App 292, 301; 767 NW2d 660 (2009). If statutory language is unambiguous, the Legislature is presumed to have intended the plain meaning of the statute. Fleet Business Credit, LLC v Krapohl Ford Lincoln Mercury Co, 274 Mich App 584, 591; 735 NW2d 644 (2007). An unambiguous statute must be enforced as written. Fluor Enterprises, Inc v Dep’t of Treasury, 477 Mich 170, 174; 730 NW2d 722 (2007).

i

Valero contends the trial court failed, on remand, to follow the instructions of this Court to explain aspects of its ruling. As discussed in K & K Constr, Inc v Dep’t of Environmental Quality, 267 Mich App 523, 544-545; 705 NW2d 365 (2005):

The power of the lower court on remand is to take such action as law and justice may require so long as it is not inconsistent with the judgment of the appellate court. When an appellate court remands a case without instructions, a lower court has the same power as if it made the ruling itself. However, when an appellate court gives clear instructions in its remand order, it is improper for a lower court to exceed the scope of the order. It is the duty of the lower court or tribunal, on remand, to comply strictly with the mandate of the appellate court. [Citations and quotation marks omitted.]

In vacating the original order denying summary disposition to defendant and remanding to the trial court, this Court specifically instructed the trial court to do the following:2

[704]*704• Conduct a proper analysis and determine whether “the exercise of jurisdiction was consistent with the requirements of the Due Process Clause of the Fourteenth Amendment.”
• Explain the facts the court relied on in exercising jurisdiction under MCL 600.715 and “identify the particular subsection upon which it relied” in light of the covenant deed submitted by Valero and the Wideman affidavit establishing that he was not an employee of Valero.
• Explain “its statement that the companies for whom Wideman was working ‘all trace back’ to Valero ... , and why it is imputing Wideman’s actions to Valero Energy and/or disregarding the corporate entities, especially where the complaint does not assert a claim to pierce the corporate veil.”

In its November 23, 2011 order, the trial court cited Electrolines as articulating the applicable standard used to determine whether the exercise of jurisdiction is consistent with the Due Process Clause. Other than citing the Electrolines standard and identifying the three questions to be addressed in this analysis, the trial court did not indicate what evidence it relied on to answer the questions posed by this Court.

The majority of the trial court’s opinion was simply a recitation of the evidence relied on by plaintiffs before Valero submitted various affidavits and documentation contradicting that evidence.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pinnacle North LLC v. Keith a White
Michigan Court of Appeals, 2026
William Louis Rosin v. Laura Miller Rosin
Michigan Court of Appeals, 2025
Livonia City Treasurer v. Setina Briggs
Michigan Court of Appeals, 2025
20241218_C366594_34_366594.Opn.Pdf
Michigan Court of Appeals, 2024
20241212_C366617_51_366617.Opn.Pdf
Michigan Court of Appeals, 2024
Schmitt v. Bank of America
W.D. Michigan, 2024
Stockbridge 600 West Jackson, LLC. v. Industrious National Management Company, LLC.
2024 IL App (1st) 231062-U (Appellate Court of Illinois, 2024)
Christopher P Lombardo v. Diana Jean Lombardo
Michigan Court of Appeals, 2024
Salzeider Inc v. Easy Street Spartan 8411 LLC
Michigan Court of Appeals, 2023
Jill P Mitchell v. Bryan J Mitchell
Michigan Court of Appeals, 2022

Cite This Page — Counsel Stack

Bluebook (online)
854 N.W.2d 509, 305 Mich. App. 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glenn-v-tpi-petroleum-inc-michctapp-2014.