Anne V. Mcardle Obtains Two Separate Orders Granting Summary Disposition Dismissing A Four-Count Complaint For Declaratory/Injunctive Relief And For Breach Of Fiduciary Duties
Yvonne Corbat v Midland County Agricultural and Horticultural Society, Margaret Wegner, Tammi Myers, Don Anger, and Roxanne Wheeler, Midland County Circuit Court. Plaintiff filed a four-count lawsuit asserting that the defendant Midland County enacted and relied upon bylaws that were in violation of state statutes, specifically the Michigan Local Agricultural or Horticultural Societies Act and the Michigan Nonprofit Corporations Act. She sought declaratory and injunctive relief to force Midland County to stop operating under the existing bylaws, and to revise the bylaws. We filed a motion for partial summary disposition, arguing that the bylaws and applicable statutes do not conflict and the bylaws are lawful. The trial court agreed, and dismissed counts I – III of the complaint, leaving only count IV. After the court dismissed counts I – III, the plaintiff focused on count IV and took 14 depositions and requested the production of voluminous records. The court then dismissed count IV, pursuant to our motion for summary disposition, which was a final order dismissing the entire action.