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Mt. Clemens Recreational Bowl v. Director of the Department of Health & Human Services
Held that pandemic orders shutting food-service establishments did not constitute a takings
Everhart v. Coshocton County Memorial Hospital
Dissent would have held that prohibiting wrongful death suits because the statute of repose runs before the patient dies violates the constitution's open courts provision
Iowa Individual Health Benefit Reinsurance Association v. State University of Iowa
Ruled that the statutes requiring state universities to join nonprofit health benefit reinsurance corporation did not violate constitutional prohibition on state acting as a surety for another
Sitka Tribe of Alaska v. State
Held that constitution does not require the Department of Fish and Game to provide all relevant information to the Board of Fisheries as it determines fishery policy
Kell v. State
Ruled that defendant failed to demonstrate that dismissing a petition for post-conviction relief filed five years after the discovery of the evidence violates the state constitution
State v. Wilcox
Held that seizure of defendant’s backpack, incident to seizure of the defendant under non-criminal public intoxication law, was an administrative seizure
Belser v. Blount County
Held that whether the legislature conducted its internal voting proceedings in compliance with the state constitution is a nonjusticiable political question
Antero Treatment LLC v. Veolia Water Technologies
Held that statutory bond cap that supersedes court rule setting bond as a percentage of the judgment does not infringe on supreme court's rulemaking authority
Deo v. Parish
Held that state courts have subject matter jurisdiction in criminal cases against an indigenous person in “Indian Country” and defendants must object based on personal and territorial jurisdiction
Missed Opportunities in State Takings Challenges to Pandemic-Era Restrictions
Recent decisions have left Washington State’s protections against the taking of private property below the federal floor. Now Michigan has a chance to do better.