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Daniel Adair v. State of Michigan

Citation: Not availableDocket: 137453

Court: Michigan Supreme Court; April 3, 2009; Michigan; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Michigan Supreme Court issued an order on April 3, 2009, regarding two cases involving plaintiffs Daniel Adair and others against the State of Michigan. The Court granted applications for leave to appeal the Court of Appeals' judgment from July 3, 2008, focusing on two specific issues: 1. Whether the prohibition of unfunded mandates under the Michigan Constitution (Const 1963, art 9, § 29) obligates the plaintiffs to demonstrate specific costs, either through the reallocation of funds or direct expenses, to qualify for a declaratory judgment. 2. Whether the plaintiffs are entitled to recover costs associated with maintaining the lawsuit as per Const 1963, art 9, § 32. The order was certified by Corbin R. Davis, Clerk of the Michigan Supreme Court.

Legal Issues Addressed

Recovery of Costs under Michigan Constitution Article 9, Section 32

Application: The court considered whether plaintiffs are entitled to recover costs associated with maintaining the lawsuit under the constitutional provision.

Reasoning: Whether the plaintiffs are entitled to recover costs associated with maintaining the lawsuit as per Const 1963, art 9, § 32.

Unfunded Mandates under Michigan Constitution Article 9, Section 29

Application: The court examined if the prohibition of unfunded mandates requires plaintiffs to demonstrate specific costs to obtain a declaratory judgment.

Reasoning: Whether the prohibition of unfunded mandates under the Michigan Constitution (Const 1963, art 9, § 29) obligates the plaintiffs to demonstrate specific costs, either through the reallocation of funds or direct expenses, to qualify for a declaratory judgment.