Narrative Opinion Summary
The Michigan Supreme Court issued an order on April 3, 2009, regarding the appeals of Daniel Adair and others against the State of Michigan. The Court granted applications for leave to appeal a July 3, 2008, judgment from the Court of Appeals. The issues for consideration are: (1) whether the prohibition against unfunded mandates in the Michigan Constitution, Article 9, Section 29, requires plaintiffs to demonstrate specific costs—either through funds reallocation or out-of-pocket expenses—to qualify for a declaratory judgment; and (2) whether the plaintiffs can recover costs incurred during the lawsuit per Article 9, Section 32 of the Constitution. The order was certified by Corbin R. Davis, Clerk of the Michigan Supreme Court.
Legal Issues Addressed
Prohibition Against Unfunded Mandates under Michigan Constitution Article 9, Section 29subscribe to see similar legal issues
Application: The Court is considering whether plaintiffs must demonstrate specific costs to qualify for a declaratory judgment regarding unfunded mandates.
Reasoning: The issues for consideration are: (1) whether the prohibition against unfunded mandates in the Michigan Constitution, Article 9, Section 29, requires plaintiffs to demonstrate specific costs—either through funds reallocation or out-of-pocket expenses—to qualify for a declaratory judgment.
Recovery of Costs under Michigan Constitution Article 9, Section 32subscribe to see similar legal issues
Application: The Court is determining if the plaintiffs can recover costs incurred during the lawsuit as stipulated by the Michigan Constitution.
Reasoning: The issues for consideration are: (2) whether the plaintiffs can recover costs incurred during the lawsuit per Article 9, Section 32 of the Constitution.