City of Ecorse wins reimbursement claim against former mayor who interfered with neighbor's occupancy permit.
Joseph Dorr sued his neighbor, Larry Salisbury, who was also the Mayor of the City of Ecorse, alleging that Salisbury interfered with the issuance of an occupancy permit for his recently repaired home. Dorr eventually obtained a jury verdict and judgment of almost $106,000.00, including legal fees and costs. The City filed an appeal and was required to post a bond in the amount of $105,000.00. When the lower court judgment was affirmed, it sought to collect the judgment amount attributed to Salisbury from the former mayor.
The City claimed that Salisbury had entered into an implied contract with the City to pay his proportionate share of the ultimate award by acquiescing in the appeal. It also argued that it was entitled to common law indemnification for Salisbury's share of the Judgment. The lower court concluded that the City was entitled to summary disposition because Salisbury had admitted the City's allegations by failing to respond to requests for admission. It also refused to consider certain claims Salisbury made that the Court deemed irrelevant. The Court of Appeals upheld the lower court's rulings.