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Regents of the University of Michigan v. Washtenaw County Coalition Against Apartheid

Citations: 296 N.W.2d 94; 97 Mich. App. 532Docket: Docket 44729

Court: Michigan Court of Appeals; May 19, 1980; Michigan; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by the Washtenaw County Coalition Against Apartheid (WCCAA) against a declaratory judgment and order by the Washtenaw County Circuit Court, which denied them injunctive relief against the Regents of the University of Michigan. The dispute arose after WCCAA members disrupted university meetings, prompting the Regents to file a complaint and obtain a temporary restraining order (TRO) to maintain order. The WCCAA contested the Regents' actions, alleging violations of the Michigan Open Meetings Act. The court ruled that although the Act permits public observation, it does not allow participation or disruption. The Regents' procedural actions, including relocating meetings, were found compliant with the Act's notice requirements. The trial court dissolved the TRO after it served its purpose but did not address its constitutionality. The court dismissed the WCCAA's counterclaims due to insufficient factual support and denied their claim for costs and attorney fees. Ultimately, the appellate court affirmed the trial court's decisions, upholding the Regents' authority under the Open Meetings Act to exclude disruptive individuals and rejecting broader statutory interpretations proposed by the WCCAA.

Legal Issues Addressed

Exclusion of Disruptive Attendees

Application: The court upheld the Regents' authority to exclude individuals who breach the peace during meetings under the Act.

Reasoning: The Act permits the exclusion of individuals for actual breaches of peace but requires adherence to notice provisions for rescheduled meetings.

Injunction Denial Due to Legal Remedy

Application: The court denied injunctive relief because a legal remedy was available to address the disruptions.

Reasoning: The request for an injunction was denied since a legal remedy was available, and the counterclaim by the WCCAA was dismissed due to insufficient factual allegations.

Notice Requirements for Recessed and Rescheduled Meetings

Application: The court found that the Regents' notice of meeting relocation complied with the Open Meetings Act, which requires public notification unless the recess is under 18 hours.

Reasoning: The notice requirements dictate that public bodies must provide timely public notices about regular meetings and any changes to those meetings.

Open Meetings Act and Public Participation

Application: The court ruled that the Open Meetings Act allows public observation but does not grant a right to participate or disrupt meetings.

Reasoning: He determined that while the Open Meetings Act aims to allow public observation of governmental proceedings, it does not grant the public the right to participate or disrupt meetings.

Recovery of Costs and Attorney Fees

Application: The WCCAA's claim for costs and attorney fees was rejected because they did not successfully initiate an action for injunctive relief.

Reasoning: Additionally, the WCCAA's claim for costs and attorney fees is rejected, as recovery is only permitted when a party successfully initiates an action for injunctive relief, which was not the case here.

Statutory Construction and Meeting Reclassification

Application: The defendants' argument about reclassifying recessed meetings was rejected as each subsection of the statute addresses distinct topics.

Reasoning: This interpretation is not supported by statutory construction principles, as each subsection addresses distinct topics without necessitating language from others.