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Grand Rapids Litigation Law Blog

State Rep Agema Joins Lawsuit Against Allegan

State Rep. David Agema filed a lawsuit against the City of Allegan, its police chief and others for shutting down a speech by an alleged former terrorist at Allegan High School.

Kamal Saleem was to provide a unique perspective on the internal threat to America poses by Sharia law and radical Muslims as he was once a Muslim involved in terrorist activities.

Two days prior to the event representative of the Council on American-Islamic Relations or CAIR and People for the American Way sent a letter to Principal Jim Mallard voicing strong disfavor for Kalam Saleem.  Police also reported that an unknown woman told them that Saleem have a $25 million bounty on his head.   Police Chief Rick Hoyer decided to shut down the event though he was aware that the event was a constitutionality protected free speech activity under the First Amendment of the U.S. Constitution. 

The lawsuit asks for compensatory and punitive damages.

Antique stock certificate included in estate may be worth millions

In most cases, a person who is creating a comprehensive estate plan has a fairly good idea of the approximate value of their assets. For financial accounts and other items of relatively straight forward personal property establishing an accurate value simply means referring to a financial statement or possible checking the Blue Book value of a car.

Not all assets are quite as amenable to an easy valuation. Business assets can require a thorough examination and forensic accounting to enable an accurate valuation and determine a fair market value. In some instances the process can be even more complicated, such as when the value of a specific item is the subject of ongoing litigation at the time of the testator's death. This is the situation that one family found themselves in when they inherited a stock certificate which potentially be worth many millions of dollars.

Michigan seeks millions from mortgage firms

Lawsuits by the state of Michigan and Oakland County against the federally backed mortgage companies Fannie Mae and Freddie Mac could result in the state and various units of local government gaining millions of dollars in previously lost tax revenue. The litigation was filed to challenge the companies' previous practice of illegally asserting that they were exempt from paying property sales transfer taxes which everyone else has to pay on the sale of real estate in Michigan.

The tax brings $860 in revenue into the tax coffers for every $100,000 of each and every sale of real estate. Some estimates are that a judgment against Freddie Mac and Fannie Mae could enrich Michigan's state school aid fund by as much as $100 million, and give millions of additional funds to 82 of the state's counties.

Hewlett-Packard and Oracle embattled in contract dispute

Business disputes happen, even between companies that have worked together for years. For example, Hewlett-Packard and Oracle, two companies that are currently in partnership with one another, are involved in a complicated contract dispute. Now both of the two businesses are hoping for the court to grant summary judgment on their behalf.

If summary judgment is not granted in favor of either party, Oracle and HP will soon be heading to court over the matter, which has to do with an Itanium computer chip. The chip at issue is rather obscure and is now only used in high-end systems sold by HP.

Lawsuit filed by family of man killed in helicopter crash

The family of a Detroit-area man, who died in a helicopter crash, is suing the estate and employer of the helicopter pilot, who also died in the helicopter crash. The family of the 33-year-old passenger filed the lawsuit in January for wrongful death in last September's accident.

The fatal accident took place on the way to a hunting trip. The plane crashed about 85 miles north of Bay City, Michigan. The pilot, a 46-year-old employee of Logghe Stamping Co., and the 33-year-old passenger, were the only two people on board when the helicopter landed upside down and burst into flames. Both men died at the scene.

Saugatuck residents await development decision

A controversial real estate agreement brought before federal court about a development in Saugatuck has reached a tentative conclusion this week. The community has been at odds about a proposed development along 135th Avenue that would include pedestrian pathways, golf courses and homes. The argument revolves around a zoning dispute that would permit a developer to build only about 100 homes on a land parcel that was slated to contain about 275 homes.

The Saugatuck Township Board approved the settlement this week in response to a federal lawsuit that has cost the township more than $400,000, while the developer has spent nearly $1 million. A judge will now make a final ruling on the newest proposal, which some opponents say fails to meet the intended use of the land. The new proposal contained several changes from previous versions. The developer has pledged to ensure that any new plans will be submitted to the township zoning board, and new plans were revealed to change a dangerous road segment into a pedestrian walkway.

Evicting troubled tenants

Commercial landlords are all too familiar with problematic tenants and the landlord/tenant disputes that can arise in these situations. Problem tenants may be those that are behind on their rent and are resistant or unable to pay. There are also situations in which tenants are damaging the property, engaging in illegal activity, or endangering other tenants. Many of these issues may overlap in some situations and lead to the need for an eviction.

One commercial landlord in Ann Arbor is currently in the midst of this issue according to a recent news article. Recently this landlord secured a judgment against a tenant, a nightclub. The judgment provides that unless the tenant pays $42,000 in rent owed by April 4, an order of eviction will be issued. While the default in rent payments is certainly troubling , this is not the only apparent problem with this tenant.

Animal shelter breeds zoning dispute

Business owners, particularly those for whom this is their first entrepreneurial venture, find that they are often at the mercy of public officials regarding zoning permits and other municipal regulatory matters. The flip side of this is that when a business owner is given written approval for a project by a city official, they would have no reason to believe that they could not move forward.

But the owner of a Michigan animal shelter is finding matters to be substantially more complicated. The woman received a letter from the township supervisor indicating that the animal rescue shelter would be allowed. The letter said that the use fit within the townships zoning guidelines. But now there is a new township supervisor, and he is refusing to acknowledge the approval seemingly conveyed in the letter.

INJURED TEEN'S DAD: WHAT LED TO I-96 CRASH STILL UNCLEAR

Tony DeVecht, the father of crash victim Hannah Devecht, thinks that the cable barriers on I-96 may have helped the vehicle to catapult over the wires during the Friday's accident.

Three of the five girls are still being hospitalized after the vehicle rolled over several times before it finally flipped over the cable barrier and stopped on its side.  All three were in the back seat of the Honda CRV and were ejected from the vehicle when it flipped over a cable barrier. 

State police said the vehicle went off the road before hitting the starting turnbuckle of the cables along the eastbound lanes, then rolling and flipping over the cables along the westbound lanes.

Blended families can complicate estate planning

Estate planning has can be a sensitive and challenging topic, but today's social and financial environment are increasing the difficulties faced by families seeking to evenly distribute resources. More than ever, families face struggles because of inadequate estate planning or even litigation, a situation that can be prevented with proper planning.

One of the primary factors that has changed estate planning during the past few generations is the increased longevity among today's seniors. Older people are living longer and requiring intensive long-term care, which can become costly very quickly. Instead of leaving a large inheritance to their children, the elderly are spending the money on their own medical care. This may require potential future heirs to modify their expectations.