Lothian v. Detroit

In Lothian v. Detroit, 414 Mich 160, 176; 324 NW2d 9 (1982), the Court emphasized that the doctrine of equitable estoppel is a judicially created exception to the general rule that statutes of limitation run without interruption emphasis added. ... One who seeks to invoke the doctrine generally must establish that there has been: (1) a false representation or concealment of a material fact; (2) an expectation that the other party will rely on the misconduct; (3) knowledge of the actual facts on the part of the representing or concealing party. The Court has been reluctant to recognize an estoppel absent intentional or negligent conduct designed to induce a plaintiff to refrain from bringing a timely action. Negotiations intended to forestall bringing an action have been considered an inducement sufficient to invoke the doctrine, however. Id. at 270.