Jim W. Scales

Top Grade Aggregates, LLC v. Twp. of Richland, No. 361743, 2023 WL 4144564 (Mich. Ct. App. June 22, 2023): Secured the reversal of a Townships denial of a license to a gravel mining operation in the Michigan Court of Appeals.

Scott Alan Hill v. Marengo Township: Secured dismissal of claims against Township by developer based on the Townships decision to change the number of permits to grow Marihuana within the Township.

Rosenfeld v. Talent Strategy: Defended client in a two-day evidentiary hearing involving a motion for preliminary injunction brought by a former employee attempting to avoid the enforcement of a non-compete agreement he previously entered into with Scales’s client. The Court denied the employee’s motion for preliminary injunction resulting in the employer’s non-compete being upheld.

Alicia Small v. Corrigan Oil: Represented a business that operates a convenience store. During early-COVID, Executive Orders from the Governor and directives from the CDC and OSHA required “essential businesses” that wanted to stay open, to take certain preventative measures such as putting up plexiglass shields on countertops. The client complied and in April 2020, while handing merchandise to the plaintiff, the plastic shield was knocked over, hitting the plaintiff and causing injury. Relying on the State legislature’s measures making businesses immune from tort claims arising out of conduct designed to comply with COVID mandates the premises liability case was dismissed at the outset of the complaint.

Village of Climax v. Lawrence Memorial District Library: Secured the dismissal of a suit which sought to revoke appointments to a district library board at the earliest stage possible ensuring that the already seated district library board members would not have their appointments revoked by a township board seeking to replace them with its own members.

Witherspoon v. McIntosh: As first chair at trial, successfully defended client against a plaintiff who sought the enforcement of a land contract. The Court dismissed the plaintiff’s claims in their entirety at the conclusion of trial finding the plaintiff had no cause of action against Scales’s client.