Michigan: Supreme Court citation practice | Citation rule(s)


Examples from Huggett v. Dep't of Natural Resources, 464 Mich. 711, 629 N.W.2d 915 (2001)

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This case requires us to decide whether plaintiffs' proposed activities to build and operate a commercial cranberry farm in a wetland is exempt from the statutory wetland permit requirements, MCL 324.30304, because it is a farming activity that is not subject to the permit requirements under the farming activities exemption provided by MCL 324.30305(2)(e). We conclude that the farming activities exemption is not so broad that it encompasses plaintiffs' proposal. Also, the proposed cranberry farm does not fall within the production and harvesting draining exemption to the wetland permit requirements, MCL 324.30305(2)(j), or the existing farming exemption to the requirements, MCL 324.30305(3), that we ordered the parties to address. Therefore, plaintiffs must obtain a wetland permit to proceed with the proposed cranberry farm. Accordingly, we affirm the judgment of the Court of Appeals.

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When a statute uses a general term followed by specific examples included within the general term, as the farming activities exemption does, the canon of statutory construction ejusdem generis applies. See Belanger v Warren Bd of Ed, 432 Mich 575, 583; 443 NW2d 372 (1989). This canon gives effect to both the general and specific terms by "treating the particular words as indicating the class, and the general words as extending the provisions of the statute to everything embraced in that class, though not specifically named by the particular words." Id., quoting 2A Sands, Sutherland Statutory Construction (4th ed), § 47.17, p 166. In light of the specific terms, the general term is restricted to include only things of the same kind, class, character, or nature as those specifically enumerated. See Sands Appliance Servs, Inc v Wilson, 463 Mich 231, 242; 615 NW2d 241 (2000).

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We note that plaintiffs' land is adjacent to Lake 16. However, the trial court did not make a finding whether the land is "contiguous" to Lake 16 as that term is used in § 30305(2)(j), which is defined in administrative rules promulgated by the Department of Natural Resources. See 1999 AC, R 281.921; see also MCL 324.30319(1) (directing the DNR to promulgate rules to enforce part 303). Therefore, we do not consider whether plaintiffs' land could fall into the exception to the draining exemption.

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Mich. Admin. Order 2006-3, http://coa.courts.mi.gov/rules/documents/9michiganuniformsystemofcitation.pdf.

I. Citation of Authority

A. Citation of Cases

1. Initial Citation.

The first time a case is cited in an opinion, either in the body of the text or in a footnote, cite in full the official reporter of its jurisdiction (where available), and include the parallel citation of the regional reporter.

Mayberry v Pryor, 422 Mich 579; 374 NW2d 683 (1985).

If a case is first cited in an order, either in the body of the text or in a footnote, cite the official report only.

Mayberry v Pryor, 422 Mich 579 (1985).

Where an official citation is not yet available, provide blanks for the volume and page numbers.

Mayberry v Pryor, _____ Mich ____; 374 NW2d 683 (1985).

2. Subsequent Citation.

a. Once cited in full in the text, a case need not be cited again in full in the text or a footnote. Subsequent reference in the text or in a footnote may use any of the following shortened forms:

E.g., Mayberry; Mayberry, supra; Mayberry v Pryor. (N.B.: "Id." may be used as a subsequent reference only if no other authority intervenes between the previous citation of the same source and "id.")

b. Where a case is cited in full in a footnote, a subsequent short-form citation may be used in a subsequent footnote to refer the reader to the full citation:

Mayberry, n 4 supra.

3. Point or "jump" citation.

a. To refer to an internal page of an opinion, cite the official reporter where available:

1) initial citation: include the "jump" page in the complete citation:

Mayberry v Pryor, 422 Mich 579, 587; 374 NW2d 683 (1985); or

2) subsequent citation: append the "jump" page to any short-form citation:

Mayberry, supra, p 587; Mayberry, supra at 587; Mayberry, p 587; id., p 587; id. at 587; 422 Mich 587.

(N.B.: The form of the short-form citation must be consistent throughout an opinion. Do not mix Mayberry, supra, p 587, with Mayberry, supra at 587.)

b. If the official report of a case is not yet available, refer to the "jump" page in an unofficial report:

1) initial citation: Galster v Woods (On Rehearing), 173 Cal App 3d 529, ____; 219 Cal Rptr 500, 509 (1985);

2) subsequent citation: Galster, supra, 219 Cal Rptr 509; or id., 219 Cal Rptr 509; or 219 Cal Rptr 509 (N.B.: it is mandatory in this situation that the identity of the unofficial reporter be shown because references to pages not otherwise identified are presumed to be to the official reporter.)

4. Case names.

a. Italicizing. Names of cases should be italicized both in the text of an opinion and in footnotes. Underscoring no longer should be used to indicate italics.

b. Official sources. Cite the name of a case as set forth on the first page of the official reporter as fully as necessary for recognition. Do not show et al., et ux., or like references to other parties in a case name, but do show ex rel (for on the Relation of or for the use and benefit of) and the relator's name.


Note: The full order sets out a complete Michigan Uniform System of Citation.