Freeman v. Consumers Power Co.

This case presents the question whether actual costs can be awarded pursuant to MCR 2.405(D) in a case that has been decided by summary disposition. The circuit court awarded such costs, and the Court of Appeals affirmed. We reverse, because the plain language of the court rule precludes such an award.

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The plaintiffs own a dairy farm in Kent County. In 1977, they purchased an automated milking system. In the early 1980s, the plaintiffs determined that their herd was experiencing major health and production problems.

The plaintiffs filed this suit in October 1985. The defendants are the…