Moceri v. Canton Charter Township

Michigan Court of Appeals

Moceri v. Canton Charter Township

207 Mich. App. 814

CourtMichigan Court of Appeals

DecidedJuly 1, 1994

DocketDocket No. 155596

StatusPublished

Cited by2 cases

This text of 207 Mich. App. 814 (Moceri v. Canton Charter Township) 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

Moceri v. Canton Charter Township, 207 Mich. App. 814 (Mich. Ct. App. 1994).

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Opinion

Per Curiam.

Defendant Canton Charter Township appeals by leave granted from the trial court order that denied its motion for summary disposition. We reverse, because we are constrained to do so. Under Administrative Order No. 1994-4, we are obligated to follow the majority opinion in Listanski v Canton Charter Twp, 206 Mich App 356; 523 NW2d 229 (1994). However, we believe the arguments made in the minority opinion in Listanski and the opinion of Williams v Redford Twp, reported above, which also reluctantly followed Listanski because it was obligated to do so, are more persuasive. Were it not for Listanski and Administrative Order No. 1994-4, we would affirm.

Reversed.

Wahls, J., concurred in the result only.

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Per Curiam.

Defendant Canton Charter Township appeals by leave granted from the trial court order that denied its motion for summary disposition. We reverse, because we are constrained to do so. Under Administrative Order No. 1994-4, we are obligated to follow the majority opinion in Listanski v Canton Charter Twp, 206 Mich App 356; 523 NW2d 229 (1994). However, we believe the arguments made in the minority opinion in Listanski and the opinion of Williams v Redford Twp, reported above, which also reluctantly followed Listanski because it was obligated to do so, are more persuasive. Were it not for Listanski and Administrative Order No. 1994-4, we would affirm.

Reversed.

Wahls, J., concurred in the result only.

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Bluebook (online)

207 Mich. App. 814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moceri-v-canton-charter-township-michctapp-1994.

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