Van v. Zahorik

In Van v. Zahorik, 227 Mich App 90, 102; 575 NW2d 566 (1997), aff'd 460 Mich 320; 597 NW2d 15 (1999), the Court stated regarding equitable estoppel: Equitable estoppel is not a cause of action and therefore provides no remedy. Hoye v. Westfield Ins Co, 194 Mich App 696, 707; 487 NW2d 838 (1992). . . . The doctrine is generally available as protection from a defense raised by a defendant or as an aid to the plaintiff, but it has never been recognized as a cause of action in itself. Hove, supra at 705-707; 487 NW2d 838. In the case at bar, plaintiff does not assert equitable estoppel as a defense against defendant, or even as an aid to his claim. Plaintiff essentially asserts equitable estoppel as a cause of action and seeks relief on that ground. As a result, we think plaintiff misuses the doctrine. Plaintiff has failed to state a claim upon which relief can be granted. Therefore, the trial court did not err in granting defendant's motion for summary disposition. Van, supra at 102.