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Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham
Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham
Michigan Law Review
In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …
Residential Tenants And Their Leases: An Empirical Study, Warren Mueller
Residential Tenants And Their Leases: An Empirical Study, Warren Mueller
Michigan Law Review
Of particular interest is the application of this theory to residential leases, a classic example of the standard long-form contract. An abundance of traditional legal research and commentary has been devoted to the problem of disparity of bargaining power between the parties to a standard-form residential lease. The commentators have consistently called for reform measures to combat this problem. In order to adopt sensible and effective reform measures, however, it is first necessary to obtain factual data with which to test and clarify the reformers' underlying assumptions. Such data is virtually nonexistent, since, prior to the study described in this …
Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham
Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham
Michigan Law Review
Michigan seems to be unique in having three separate subdivision control statutes. The Plat Act of 1929, like the Subdivision Control Act of 1967 which will soon replace it, is largely mandatory, prescribing standards and procedures required in all cases of land subdivision (as defined in the statute), whether the municipality in which the land is located has a planning commission or not. The Municipal Planning Act, on the other hand, is simply an enabling act, permissive both with respect to establishment of a planning commission and with respect to the exercise by that commission, once established, of the power …
Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler
Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler
Michigan Law Review
In 1910 K occupied an "old" house located on the westerly portion of her lot fronting on H Street. She built a "new" house on the east side of the lot, moved into it, and rented the "old" house to tenants. As a means of access to the west side and rear of the "new" house, she built and used a sidewalk which led from H Street between the two houses and which was one foot from the west side of the "new" house. This walk "was the only outdoor means of access to the new house's coal chute."
Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed.
Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed.
Michigan Law Review
The first part of the comment considers the elevation sections of the statute-sections that change the donee's interest in the appointive or dispositive property to a fee for the benefit of creditors. The second part considers the execution sections of the statute-sections that subject the execution of powers to conveyancing requirements. These sections are of the utmost significance to estate planners.
Inheritance Taxation - Selected Provisions Of Michigan, Illinois And Ohio - A Study In Application And Justification, Edward B. Stulberg S.Ed.
Inheritance Taxation - Selected Provisions Of Michigan, Illinois And Ohio - A Study In Application And Justification, Edward B. Stulberg S.Ed.
Michigan Law Review
This comment will explore the existing variations in four commonly encountered areas: joint interests with rights of survivorship, contingent remainder interests, powers of appointment, and life insurance proceeds. Emphasis will also be placed on treatment accorded the surviving spouse and children and the implicit relationship between such treatment and some of the above areas. The essence of this examination will be to inquire whether adoption of an estate tax would be a more suitable vehicle for implementing a local death tax program.
A Supplement To "Constitutionality Of Marketable Title Acts"-1951-1957, Ralph W. Aigler
A Supplement To "Constitutionality Of Marketable Title Acts"-1951-1957, Ralph W. Aigler
Michigan Law Review
An article bearing the title, "Constitutionality of Marketable Title Acts," was published in December 1951. It was there pointed out that such legislation, of which the Michigan act is an example, should be found to be within constitutional limits. It was recognized, however, that direct authority was scarce and that cases that might be deemed pertinent were conflicting.
Real Property - Elimination Of The Straw Man In The Creation Of Joint Estates In Michigan, Edward H. Hoenicke S.Ed.
Real Property - Elimination Of The Straw Man In The Creation Of Joint Estates In Michigan, Edward H. Hoenicke S.Ed.
Michigan Law Review
That joint ownership is a popular form of holding title to real property is undeniable. A husband and wife are especially likely to consider this form of ownership as "natural" and desirable because it emphasizes the concept of marriage as a partnership and gives both partners control over and ownership in the family property. In addition to these factors, joint ownership is popular because of the right of survivorship which is incident to it. In this feature the layman sees, or thinks he sees, the opportunity to avoid a probate proceeding, the estate tax, and the lawyer's fee. It is …
Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright
Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright
Michigan Law Review
Title examiners, and more particularly their clients, have long suffered from a controversy-limited almost exclusively to Michigan- involving the methods by which the United States Treasury Department could perfect general federal tax liens. The December 1952 issue of the Michigan Law Review carried an article by the present writer pointing up the irreconcilable difference which has existed for a quarter of a century between the type of record notice which the Treasury was willing to provide prospective bona fide purchasers et al., and the quite different and more demanding type which the Michigan Legislature insisted upon if the local offices …
Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.
Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.
Michigan Law Review
Defendant, a Michigan corporation, became a guarantor on a mortgage of land located in Alabama. Both the mortgage and underlying note were executed in Alabama and the note was payable there. Upon default, mortgagee, acting under a power of sale, foreclosed the mortgage and became the purchaser at the sale, which was duly conducted according to Alabama law. Mortgagee then brought this action in the federal district court for Michigan to recover the deficiency remaining due after foreclosure. Defendant claimed that the fair market value of the mortgaged property exceeded the balance due on the mortgage debt, and that under …
Real Property--Adverse Possession--What Constitutes Adverse Possession Of Land Used Periodically, George D. Miller Jr.
Real Property--Adverse Possession--What Constitutes Adverse Possession Of Land Used Periodically, George D. Miller Jr.
Michigan Law Review
Plaintiff in an ejectment action claimed under a chain of title tracing back to a government patent. Defendants asserted title in themselves by adverse possession. The land in question was wild, undeveloped, and not suitable for farming, but was desirable for hunting and fishing, for which purpose the defendants had used the premises every year since their entry. In 1926 some of the defendants built a cabin on the land, and replaced it in 1932 by the present one, which they built on a cement foundation, painted, and planted grass around. They also erected a sign at the crossroads bearing …
Constitutionality Of Marketable Title Acts, Ralph W. Aigler
Constitutionality Of Marketable Title Acts, Ralph W. Aigler
Michigan Law Review
In recent years several states in that part of the United States commonly identified as the "Middle West" have enacted comprehensive legislation that is hoped will simplify land title transactions. These statutes, though varying in detail, have a common objective-the extinguishment in favor of certain persons of claims against, and interests in, land, which claims and interests arose out of events and transactions that occurred many years ago, unless such claims or interests have been preserved by the recording of a preserving notice within that period of time. A comparatively short period is prescribed for such recording as to old …
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson
Landlord And Tenant-Liability Of Landlord To Persons On The Premises-Breach Of Covenant To Repair, Thomas P. Segerson
Michigan Law Review
Plaintiff, a carpenter, hired by tenant, suffered personal injuries in a fall caused by a defective railing on the rear porch of premises leased by defendant to tenant. By the terms of the lease, tenant was given exclusive possession of the premises, while defendant agreed to keep the rear porch in repair. Defendant had failed to repair the railing on being notified of its defective condition. From a judgment holding defendant liable to plaintiff for the injuries sustained; defendant appealed. Held, reversed. In the absence of control of the premises, a lessor is not liable in tort for personal …
Quasi-Contracts-Landlord And Tenant-Recovery For Overpayment Of Rent In Violation Of Statute, William P. Sutter
Quasi-Contracts-Landlord And Tenant-Recovery For Overpayment Of Rent In Violation Of Statute, William P. Sutter
Michigan Law Review
Plaintiff occupied a dwelling house from 1928 to 1945, paying $35 per month rent until September, 1941. In that month, defendant, his landlord, increased the rent to $75, which plaintiff paid until September, 1945. The property was registered with the Office of Price Administration at a maximum rental of $35, and this fact was known to plaintiff. Plaintiff's suit to recover the overpayment of $40 per month was dismissed. On appeal, held, affirmed. No statute specifically authorized restitution, and the illegality of the contract precludes restitution in absence of statute. Jones v. Chennault, (Mich. 1948) 35 N.W. (2d) …
Corporations-Restrictions On Holding Real Estate-Lnterpretation Of Michigan's Constitutional Restriction, W. M. Myers
Corporations-Restrictions On Holding Real Estate-Lnterpretation Of Michigan's Constitutional Restriction, W. M. Myers
Michigan Law Review
While it is now well settled that a corporation has the power to acquire and hold real estate, this power may be limited by the charter creating the corporation, by legislative enactments of a general nature, or by specific constitutional provisions. When such a limitation is imposed by constitution, a problem of construction arises in interpreting it in a workable way after the social conditions motivating it have changed or disappeared.
Some Problems In Special Assessment District Obligations, Irvin Long
Some Problems In Special Assessment District Obligations, Irvin Long
Michigan Law Review
The question of the jurisdiction of a board or officer authorized to construct a local improvement and levy special assessments therefor has always been troublesome, and is particularly so when bonds or other obligations are issued in anticipation of the collection of such assessments. A vast amount of litigation has occurred in Michigan in recent years over drain district assessments, and bonds which such districts have issued. While this is of primary interest to Michigan lawyers and investors in public securities, many of the questions involved seem to be of such a general nature, so far as special assessment procedure …
Some Income Tax Aspects Of Community Property Law, Paul R. Trigg, Jr.
Some Income Tax Aspects Of Community Property Law, Paul R. Trigg, Jr.
Michigan Law Review
The recent enactment of community property law in Michigan and other states has created new problems for lawyers. Not the least of these is the question of the income tax consequences which flow from the existence of a community between the spouses. Nor is this the type of problem which can be shrugged off by reference to tax counsel. Local community property law and federal .income tax law are too closely enmeshed to be intelligently divided. No authority is needed for the statement that recently enacted community property laws are a product of high surtaxes. At the same time, these …
Clearance Of Land Titles-A Statutory Step, Ralph W. Aigler
Clearance Of Land Titles-A Statutory Step, Ralph W. Aigler
Michigan Law Review
Public Act of Michigan, No. 200, was approved by the governor on May 17, 1945. Its preparation and enactment are the result of a growing urge for the amelioration of certain conditions in land title transactions.
Covenants-Restrictions Upon The Use Of Land-Negroes
Covenants-Restrictions Upon The Use Of Land-Negroes
Michigan Law Review
Many years ago a subdivision in Detroit was platted, with recorded building restrictions. When ready for the sale of lots, the intended high character of the subdivision and its desirability for expensive residences was much advertised. An association, an informal organization of some of the owners of houses in the subdivision, assumed the right to pass upon the desirability of prospective lot purchasers, and there was some indication that the person who advertised and marketed most of the lots verbally agreed to submit to the association the names of prospective purchasers and assured some intending purchasers that colored persons would …
Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs
Michigan Law Review
Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …
Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers
Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers
Michigan Law Review
In a recent Michigan case it appeared that for more than the statutory period of limitation the plaintiff railroad had maintained a right-of-way over land to which the defendant held the record title. A decree quieting title in fee simple absolute in the plaintiff railroad was sought in order to determine the ownership of the oil and gas underlying the right-of-way. The court held that the railroad acquired by adverse user of the right-of-way no title to the oil and gas or other minerals beneath the surface of the land.
Constitutional Law - Municipal Corporations - Delegation Of Power - Consent Of Adjoining Property Owners - Reasonableness Of Restriction On The Use Of Property., Michigan Law Review
Constitutional Law - Municipal Corporations - Delegation Of Power - Consent Of Adjoining Property Owners - Reasonableness Of Restriction On The Use Of Property., Michigan Law Review
Michigan Law Review
An ordinance of the city of Detroit regulated trailer camps in part by requiring the consent of sixty-five per cent of the adjoining property owners before a permit would issue, and by forbidding the parking of occupied trailers in any camp or camps for more than ninety accumulated days in any twelve-months' period. Plaintiff camp owner sought to restrain enforcement of the restrictions. Held, that as to both the consent and the ninety-day provisions, the ordinance is a valid and reasonable exercise of the police power. Cady v. City of Detroit, 289 Mich. 499, 286 N. W. 805 …
Adverse Possession - Possession Under Mistake As To True Boundary, S. R. Stroud
Adverse Possession - Possession Under Mistake As To True Boundary, S. R. Stroud
Michigan Law Review
Plaintiff and defendant's predecessor in title made a mistake in locating the boundary line between their lots. Laboring under this misapprehension, the plaintiff constructed a cottage which in fact was partially on land of defendant's predecessor in title. Defendant, having purchased the adjoining lot, caused a survey to be made and discovered that the cottage of the plaintiff and the wall constructed by plaintiff and defendant's predecessor encroached upon defendant's land. However, plaintiff remained in possession without admitting defendant's title and in 1937 sued to establish title by adverse possession. The lower court found that having been in possession for …
Trusts - Right Of Trustee's Wife To Dower In Property Held Subject To Oral Trust - Effect Of Subsequent Memorandum - Dower Where Trustee Has Both Legal And Equitable Interest, Michigan Law Review
Trusts - Right Of Trustee's Wife To Dower In Property Held Subject To Oral Trust - Effect Of Subsequent Memorandum - Dower Where Trustee Has Both Legal And Equitable Interest, Michigan Law Review
Michigan Law Review
Pursuant to an oral agreement and upon consideration furnished by them, A, B, and C procured land to be conveyed to A by a third party. Six days later A executed a self declaration of trust in the terms of the oral agreement; that he would operate it, and within a specified period sell the property and divide the proceeds between himself, B and C, as beneficiaries. A suit to remove A as trustee culminated in a judicial sale of the property to B and C. In this proceeding by B and C to quiet title, A …
Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee
Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee
Michigan Law Review
After foreclosure in Florida of a purchase money mortgage on Florida land, the mortgagee filed a claim for the deficiency against the estate of one of the co-mortgagors, who was a permanent resident of Michigan, and who had been served only by publication in the foreclosure suit. In the foreclosure proceedings the mortgagee had prayed for a deficiency decree, and the Florida court had retained jurisdiction for that purpose, after ordering the sale. The mortgagee had taken no further steps in that proceeding. Held, the Florida law was controlling, and that by Florida statutes, as construed by the courts …
Adjoining Landowners-Injury From Mining Operations-Right To Prospective Damages
Adjoining Landowners-Injury From Mining Operations-Right To Prospective Damages
Michigan Law Review
Defendant corporation was conducting its mining operations some distance from plaintiff's land. Plaintiff brought this action to recover for injury to his residence caused by subsidence. The judgment in the trial court represented both actual and prospective damages. On appeal it was held that plaintiff may recover only the cost of repairs. O'Donnell v. Oliver Iron Mining Co., 273 Mich. 27,262 N. W. 728 (1935).
Assignments -Validity Of Gratuitous Written Assignment
Assignments -Validity Of Gratuitous Written Assignment
Michigan Law Review
Deceased took defendant, his son, to a notary and there made and acknowledged written assignments of three mortgages he owned. He handed these assignments to defendant, saying "I give you these. Put them in the safety-deposit box." Defendant went away with the assignments which reappear only after the father's death; they were found in an envelope, marked with defendant's name in deceased's hand, in a safety-deposit box owned jointly by deceased and defendant. Deceased always retained possession and enjoyment of the actual mortgage instruments. Plaintiff, another son, claims these mortgages should be part of deceased's estate. The court held that …
Easements-Implied Grant-Right Of Way-Discontinuous
Easements-Implied Grant-Right Of Way-Discontinuous
Michigan Law Review
Plaintiff's testator owned a tract of land on which there were two houses. In 1897 he sold one house, which came to the defendant by various mesne conveyances. Defendant's property was narrow, the sole means of access to the rear of the house being a driveway, wholly situated on the land retained, now owned by the plaintiff. From the time of its erection all occupants of defendant's dwelling had used the driveway as a means of hauling coal and wood to the rear of the house. Plaintiff sought to restrain this use and defendants claimed an implied easement, by grant, …
Equity - Rescission Of Contract Induced By Fraud - Money Judgment As An Alternative To Specific Restitution
Michigan Law Review
Plaintiff entered into an agreement for the exchange of interests in real estate with one of the defendants. After payment of part of the boot money agreed upon, the plaintiff defaulted and sued to have the agreement rescinded for fraud. The trial court rendered a money judgment for the amount at which the plaintiff's property had been taken on the trade. Held, that defendant's wife, to whom the property had been conveyed, should have been joined, and that the decree should be modified to order a reconveyance to the plaintiff. Bacon v. Fox, 267 Mich. 589, 255 N. …
Eminent Domain --Valuation Of Leaseholds -- Apportionment Of Award Between Landlord And Tenant In Long-Term Lease
Michigan Law Review
The Michigan Supreme Court had before it last fall a very unusual case involving the apportionment of a condemnation award between landlord and tenant. Only a portion of the leasehold premises was condemned. The lease still had approximately eighty years to run; it had no market value due primarily to the depression; and it constituted the sole assets of the lessee. The lease contained a clause. providing for rent abatement in case part of the premises was condemned. The lessors insisted that the lessee must be content with this rent abatement and that they were entitled to the whole award. …