Kallman v. Sunseekers

4 Citing cases

  1. Pigeon v. Ashkay Island, LLC

    No. 366537 (Mich. Ct. App. Nov. 14, 2024)

    "To successfully bring an action for nuisance, the plaintiff must demonstrate standing, which may be proven by showing that the 'defendant's activities directly affected the plaintiffs recreational, aesthetic, or economic interests.'" Sakorafos____, Mich App at_____; slip op at 6 (brackets omitted), quoting Kallman v Sunseekers Prop Owners Ass 'n, LLC, 480 Mich. 1099; 745 N.W.2d 122 (2008).

  2. Wineries of the Old Mission Peninsula Ass'n v. Twp. of Peninsula

    41 F.4th 767 (6th Cir. 2022)   Cited 10 times
    Holding that a potential diminishment in property values from litigation seeking to enjoin enforcement of zoning ordinances constituted a substantial interest for property-owner intervenors

    See Township of Fraser v. Haney , No. 160991, ––– F.4th ––––, –––– – ––––, 2022 WL 388013, at *3–4 (Mich. Feb. 8, 2022), reh'g denied , ––– Mich. ––––, 971 N.W.2d 214 (2022). Maintaining such an action requires that the plaintiffs demonstrate standing, Towne v. Harr , 185 Mich.App. 230, 460 N.W.2d 596, 598 (1990), but this can be done "by showing that the ‘defendant's activities directly affected the plaintiff[s’] recreational, aesthetic, or economic interests’ " like those identified by Protect the Peninsula's members, Kallman v. Sunseekers Prop. Owners Ass'n, L.L.C. , 480 Mich. 1099, 745 N.W.2d 122, 122 (2008) (quoting Mich. Citizens for Water Conservation v. Nestlé Waters N. Am. Inc ., 479 Mich. 280, 737 N.W.2d 447, 455 (2007) ). Consequently, should the Wineries simply violate the zoning ordinances, some of Protect the Peninsula's members might be able seek injunctive relief under Michigan law absent the Township's willingness to enforce its own laws.

  3. COMM. RESOURCE v. PROGRESSIVE MI. INSU

    480 Mich. 1097 (Mich. 2008)   Cited 7 times

    This ignores the practical benefits of having an open account for continuing services.           [480 Mich. 1099] The majority resolves in a peremptory fashion the legal issue of when losses are incurred for purposes of MCL 500.3145(1) . It concludes that losses are incurred at the time medical services are rendered. Because this conclusion has wide-reaching effect, it should not be made in a peremptory fashion.

  4. Sakorafos v. Charter Twp. of Lyon

    No. 362192 (Mich. Ct. App. Nov. 21, 2023)

    " Kallman v Sunseekers Prop Owners Ass'n, LLC, 480 Mich. 1099 (2008) (quotation marks and citation omitted).