Attorney fees requires agency relationship

The Michigan Supreme Court reversed the Court of Appeals' award of attorneys fees to the in pro per attorney under the Open Meetings Act in Omdahl v. West Iron Board of Education. The Open Meetings Act allows the recovery of "actual attorney fees." The Court reasoned that an "attorney" implies an agency an agency relationship with another person or entity. Therefore, to obtain attorney fees under the Act, the attorney has to represent another, and not himself. The majority opinion did not analyze whether the attorney fees were actually incurred.

Grandparent Visitation statute constitutional

The Court of Appeals held that the statute permitting a petition for grandparenting time is constitutional in Keenan v. Dawson. The case arises from a tragic series of facts, and will likely be appealed to the Michigan Supreme Court. The Court considered and rejected the father's as-applied challenge to the constitutionality of MCL 722.27b(4). Although there is a presumption that a fit parent's decision to deny grandparenting time does not create a substantial risk of harm to the child's mental, physical, or emotional health, the Court agreed with the trial court's findings that the presumption was rebutted in this case.