Legal Opinion · Concurring in part, dissenting in part

Lenawee County v. Wagley

Michigan Court of Appeals

Decided May 21, 2013No. Docket No. 311255Published

1Concurring in part, dissenting in partK. F. Kelly, J.

Aside from the issue of statutory interest, I fully agree with the majority’s well-written and thorough analysis of this difficult and complex case. However, I believe David and Barbara Wagley remained in possession of the property and therefore waived any statutory interest. I would, therefore, reverse that portion of the trial court’s order awarding statutoiy interest pursuant to MCL 213.65.

“The goal of statutory interpretation is to discern and give effect to the intent of the Legislature. To that end, the first step in determining legislative intent is the language of the statute. If the…

2Cases cited4 opinions

  1. Barclae v. ZarbMichigan Court of Appeals · 2013
  2. Department of Transportation v. VanElslanderMichigan Supreme Court · 1999
  3. CHARLES MURPHY, MD, PC v. City of DetroitMichigan Court of Appeals · 1993
  4. Department of Transportation v. JorissenMichigan Court of Appeals · 1985

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