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Michigan Supreme Court rules businesses not eligible for state compensation due to pandemic closures

The Michigan Supreme Court made a decision on Friday rejecting appeals from businesses that sought compensation from the state for losses incurred due to COVID-19 restrictions. The court upheld previous opinions in favor of Governor Gretchen Whitmer’s administration in a pair of 5-2 rulings. Various businesses such as gyms, fitness centers, bowling alleys, and restaurants were either closed for an extended period in 2020 or had to operate under restrictions to curb the spread of the virus.
While the businesses recognized the state’s efforts to protect public health, they argued that they should be compensated for the impact the restrictions had on their revenue streams. However, the state appeals court ruled in 2022 that there was no unlawful confiscation of property by the government.
According to the appeals court, even though businesses might have experienced financial losses during the closures, the property still maintained value. The Supreme Court’s decision was made through brief two-sentence orders without further elaboration.
Justice David Viviano, along with Justice Richard Bernstein, expressed disappointment in the court’s choice not to hear complete appeals on the matter. Viviano suggested that by declining these cases, the court undermines its role in safeguarding individuals against unjust property seizures, even in times of crisis, potentially harming the judiciary’s credibility.

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