Legal Opinion · Concurring in part, dissenting in part

46th Circuit Trial Court v. Crawford County

Michigan Court of Appeals

Decided July 5, 2005No. Docket 254179, 254180, 254181, 254182, 256129, 257234Published

1Concurring in part, dissenting in partZahra, P.J.

I concur with the results reached in parts III, IV, V, VI, VIII, and IX of the majority opinion. I respectfully dissent from parts II (addressing contract claims) and VII (addressing the imposition of sanctions) of the majority opinion. In short, I disagree with the majority’s conclusion that a valid contract existed between the Counties and the Trial Court. The Counties were under a preexisting duty to appropriate reasonable funds necessary for the Trial Court to carry out its constitutionally mandated duties. Thus, the promise to fund the Trial Court cannot constitute adequate consideration…

2Cases cited17 opinions

  1. McAuley v. General Motors Corp.Michigan Supreme Court · 1998
  2. Wayne Circuit Judges v. Wayne CountyMichigan Supreme Court · 1971
  3. Alan Custom Homes, Inc v. KrolMichigan Court of Appeals · 2003
  4. Judicial Attorneys Ass'n v. StateMichigan Supreme Court · 1998
  5. Rafferty v. MarkovitzMichigan Supreme Court · 1999

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