e-Journal Summary

e-Journal Number : 60332
Opinion Date : 07/02/2015
e-Journal Date : 07/09/2015
Court : Michigan Supreme Court
Case Name : Windrush, Inc. v. VanPopering
Practice Area(s) : Construction Law Contracts
Judge(s) : Young, Jr., Markman, Kelly, Zahra, McCormack, Viviano, and Bernstein
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Issues:

Breach of contract claims; Alleged violations of the Michigan Builders’ Trust Fund Act (MBTFA) (MCL 570.151 et seq.); Remand for reconsideration in light of BC Tile & Marble Co., Inc. v. Multi Bldg. Co., Inc.; Whether defendant-VanPopering (sole owner of defendant-Northland Management) should have been held personally liable for the alleged MBTFA violations; Whether a criminal conviction is required to hold an individual personally liable; Whether a plaintiff may maintain an action for statutory conversion (MCL 600.2919a) for alleged violations of the MBTFA; “Conversion”

Summary

In an order in lieu of granting leave to appeal, the court vacated the Court of Appeals judgment (see e-Journal # 57435 in the 7/22/14 edition) and remanded the case to the Court of Appeals for reconsideration in light of BC Tile. The court did not retain jurisdiction.

Full PDF Opinion