ROHDE v. ANN ARBOR PUBLIC SCHOOLS

Docket No. 128768. Calendar No. 4.

737 N.W.2d 158 (2007)

Teri ROHDE, Brendon Quilter, Mary Quilter, Walter Mackey, Barbara Mackey, Gary Gibson, Ellen Gibson, Ted Jungkuntz, Loise Jungkuntz, David Sponseller, Mary Sponseller, Mike Gladieux, Martha Gladieux, Helen Rysse, Terry Trombley, John Williams, and Therese Williams, Plaintiffs-Appellants v. ANN ARBOR PUBLIC SCHOOLS a/k/a Public Schools of the City of Ann Arbor Board of Education for Ann Arbor Public Schools, President of the Board of Education for Ann Arbor Public Schools, and Treasurer of the Board of Education for Ann Arbor Public Schools, Defendants-Appellees. and Ann Arbor Education Association, MEA/NEA Intervening Defendant-Appellee.

Supreme Court of Michigan.

Decided July 25, 2007.


Attorney(s) appearing for the Case

Thomas More Law Center (by Patrick T. Gillen), Ann Arbor, for the plaintiffs.

Dykema Gossett P.L.L.C. (by James M. Cameron, Jr., Jill M. Wheaton, and Cara J. Edwards Heflin), Ann Arbor, for the defendants.

Arthur R. Przybylowicz and Theresa J. Alderman, East Lansing, for the intervening defendant.


TAYLOR, C.J.

The first issue in this case is whether a letter sent by a resident taxpayer to a public official that "request[s]" the official "investigate and halt" the use of public funds for illegal purposes is adequate to constitute a "demand" pursuant to MCL 129.61 so as to allow the taxpayer, should the public official not act, to undertake a legal challenge to the expenditure of the public funds. We conclude that a letter that conveys a call to act is sufficient...

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