Lighthouse Place Development, LLC v. Moorings Association
Docket: 139015
Court: Michigan Supreme Court; October 16, 2009; Michigan; State Supreme Court
Original Court Document: View Document
The Michigan Supreme Court has granted an application for leave to appeal the Court of Appeals' judgment dated April 28, 2009, specifically focusing on the slander of title issue in the case involving Lighthouse Place Development, LLC (plaintiff) and Moorings Association (defendant). The Court will review two primary issues: 1. Whether the trial court erred in rejecting the defendant's claim that it acted on advice of counsel when it authorized the recording of a 2005 amendment to a 1997 agreement with Harbor Grand, LLC. This amendment sought to remove a parking easement from a list of easements to be terminated under the 1997 agreement. 2. If it is determined that the defendant did act on advice of counsel in recording the 2005 amendment, whether this finding precludes a conclusion of malice, which would necessitate the dismissal of the plaintiff's slander of title claim against the defendant. The order was certified by Corbin R. Davis, Clerk of the Michigan Supreme Court, on October 16, 2009.