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Ypsilanti Fire Marshal v. Kircher

730 N.W.2d 481 (2007)

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Ypsilanti Fire Marshal v. Kircher

Michigan Court of Appeals

730 N.W.2d 481 (2007)

Facts

David Kircher (defendant) owned dilapidated buildings with multiple serious fire code violations. The Ypsilanti Fire Marshal (plaintiff) brought a nuisance-abatement action to compel Kircher to make repairs, but Kircher did not comply with the court’s orders. Ypsilanti asked the court to appoint a receiver and foreclose on liens to repair one of the buildings. After specifically finding the building a dangerous nuisance under the fire code, the court appointed a receiver with directions “to make the building economically viable and functional” and charge Kircher the cost. Kircher appealed, arguing that the court could not order receivership when other adequate legal remedies existed, but his appellate brief did not explain which other legal remedies were available. In addition, Kircher argued that the court abused its discretion appointing a receiver without judicial oversight over the receiver’s activities and spending.

Rule of Law

Issue

Holding and Reasoning (Jansen, J.)

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