Interpretation of the Plain Language of MCL 559.167 The defendants argued that MCL 559.167, as amended by 2016 PA 233, repealed and replaced all prior versions of MCL 559.167 on September 21, 2016. The Court held that defendants’ argument failed for several reasons. First, the court held that MCL 559.167, as amended by 2002 PA 283, eliminated any rights to construct units 1-14. The court held that the time period to construct of withdraw units 1-14 ended no later than October 27, 1999. The court held that even if the ten (10) year period did not begin to run until 2002, when 2002 PA 283 was enacted, it expired no later 2012. Accordingly, the court held that the enactment of 2016 PA 233 did not change the fact that the right to construct …show more content…
Specifically, the court relied on Gorte v Dept of Transp, 202 Mich App 161, 164; 507 NW2d 797, 799 (1993). In Gorte, the plaintiff filed a complaint for adverse possession against the state on March 3, 1988 claiming that he held title to land via adverse possession from the state. Id. at 164. MCL 600.5821 was amended to preclude adverse possession claims against the state and became effective on March 1, 1988, prior to the filing of the lawsuit. Id. The trial court held that since 1966, plaintiff and his predecessors had adversely possessed the disputed acreage and that the amendment to MCL 600.5821 did not bar plaintiff’s adverse possession claim because he had a vested property right before March 1, 1988. Id. In affirming the trial court, the Court of Appeals …show more content…
The court relied on the plain language of the statute as well as the statute of frauds, MCL 566.106. Specifically, the court held that the right to construct “need not be built” units is eliminated by operation of law and that a property interest created by operation of law is not subject to the statute of frauds. As such, the court granted summary disposition in favor of the Cove Creek Condominium Association and held that the “need not be built” units ceased to exist and that the defendants could not withdraw the undeveloped land from the condominium in 2016.
Conclusion
While Cove Creek Condominium Association v Vistal Land & Home Development, L.L.C., et al., Oakland County Circuit Court Case No. 16-155706-CH (Order Granting Summary Disposition, Dated February 10, 2017) is only a circuit court opinion, it certainly provides a significant amount guidance in interpreting MCL 559.167. Until there is a published court of appeals opinion that interprets MCL 559.167, attorneys, co-owners, condominium associations, developers, successor developers and title companies should be aware of the following takeaways from the Cove Creek case:
1. MCL 559.167, as amended by 2002 PA 283, applies to ALL condominiums that existed at the time the statute was enacted, not just condominiums that were
This is a formal complaint submitted to BHP/DCA against Frank Pinelli, Quantum Developers LLC (Developer) Condominium Association: Cedar Woods Condominium Association (Board) and Jim Polos, Midlantic Property Management.
The majority opinion I feel like changed the way they looked at the Fifth Amendment to the best public purpose not the best public use of the land in order to justify their ruling. I also feel like their ruling left the door open to many more eminent domain cases because they didn’t create a fine line between what was to be considered to be legal and illegal. I feel like the minority was also correct in saying that this will be considered the norm and therefor taking away the rights given to property owners through the constitution. I also couldn’t find anywhere that it was stated that there were negotiations for the property; I did find in an article that the plaintiffs in the case were not hold outs. Either the NLDC should have purchased the property rights from the owners or the City of New London should have to achieve the most efficient
The agreement did not include any personal property, but it did cover: " All buildings, plumbing, heating, lighting fixtures, storm sash, shades, blinds, awnings, shrubbery, and plants". The purchasers took possession on June 14, 1946, and discovered that certain articles which had been on the premises at the
Cedar 28 Condominium Association (“the Association”) makes the following Litigation Disclosure Statement pursuant to Minnesota Common Interest Ownerships Act, Minn. Stat. § 515 B.4-107(b). The Association makes this disclosure in good faith based upon the best of its knowledge.
• The infringement serves a “valid legislative objective.” The court suggested a valid legislative objective would be conservation of natural resources, in which First Nations interest would come second only to that;
One of the most important questions surrounding the 2016 amendment to MCL 559.167 was whether or not 2016 PA 233
Owners Ass'n v. Pelzer, 292 S.C. 343, 347, 356 S.E.2d 411, 414 (Ct.App.1987). The business judgment rule only applies to intra vires acts, not ultra vires ones. Kuznik, 342 S.C. at 605, 538 S.E.2d at 28. A homeowners association is bound to follow its covenants and bylaws and cannot defend something that violates those documents on the basis that is a reasonable alternative. Seabrook Island Prop. Owners Ass'n, 292 S.C. at 348, 356 S.E.2d at
The defendants wanted to apply reasonable principles in search of specific performance of the contract. The disposition of the immediate motion for partial summary judgment and objection was controlled. “The court found that although the doctrine of mutuality of remedies may be alive and well in Virginia in actions at law for damages, that was not the case where, regardless of a lack of support of remedy at the time the contract was created, complete performance may, if revealed, afford a party specific performance of the contract for the sale of land.”
Kelo v. City of New London 545 U.S. 469 (2005) the U.S. Supreme Court answered “yes” to the question of whether or not taking land for the sole purpose of economic improvement would fall into the realm of public use requirement set forth in the Fifth Amendment’s Takings Clause.
The main legal issue to examine regarding this case deals with encroachment, which is simply defined as: A possessory right to the property of another that may be acquired by the passage of time. Crockett has well documented existence of the woodlot property dating back over 20 years and was not met with objection on the part of the Smith, who is the true owner. Due to the fact that the plantiff left the defendant undisturbed for over 20 years, he lost his right to dispute to object the encroachment. Smith would have had to make his objections known regarding Crockett’s occupancy in the log cabin, constructed on his wood lot, many years earlier if he wanted to maintain his right to object.
In Mt. Veron Park Association v Chantelle Clark, Michigan Court of Appeals Docket No. 323445 (December 29, 2015) (Unpublished), the Michigan Court of Appeals held that a Condominium Association could not create rules and regulations that were inconsistent with the maintenance responsibilities set forth in the Master Deed and Bylaws. Specifically, the Mt. Veron Park Association adopted a rule and regulation that indicated that all co-owners must paint must have their front doors painted dark brown. The Association requested that the co-owner paint her door dark brown. The co-owner argued that the Master Deed and Bylaws placed the responsibility for the cost of maintenance, repair and replacement of the door on the Association, even though
In Hawaii, condemnation proceedings are under way to enable private citizens to own the property that their homes are built on. Until recently, only estates were permitted to own land, and homeowners leased the land from the estate. In order to comply with the new law, a large Hawaiian
With the permission of the seller, Broker A submits a listing to MLS inviting cooperating brokers to help find a buyer. This is an offer of:
The property discussed was located in Papillion at the southwest corner of Fall Creek Road and Cornhusker Road. It was to be turned into apartments and townhouses for rent. A representative from Rogers Development, Inc. was present to present the plans for the property to the committee one final time. He described changes they had made to the master plan since the committee last heard the case. He also took questions or comments from the committee and the public. Ultimately, the committee voted and the motion
McClain, P. J. A., Sheehan, B. F., & Butler, L. L. (1998). Substantive rights retained by