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MACKEY v. DEPARTMENT OF HUMAN SERVICES

Docket No. 288966.

808 N.W.2d 484 (2010)

289 Mich. App. 688

MACKEY v. DEPARTMENT OF HUMAN SERVICES.

Court of Appeals of Michigan.

Decided September 7, 2010, at 9:05 a.m.

Attorney(s) appearing for the Case

Rizzo & Associates, PLC (by John J. Rizzo III ), Traverse City, for petitioner.

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, and Jonathan S. Ludwig , Assistant Attorney General, for respondent.

Before: MURRAY, P.J., and SAAD and M.J. KELLY, JJ.

MURRAY, P.J.

Respondent, the Department of Human Services (DHS), appeals on leave granted the circuit court order reversing the hearing referee's decision that the DHS properly imposed a Medicaid benefit divestment penalty on petitioner, Elizabeth Marden.1 We conclude that the circuit court's ruling was in error because the circumstances of petitioner's investment in a closely held L.L.C. rendered...

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