BURRELL v. ANNAPOLIS HOSPITAL KEY

Docket Nos. 8842, 8843.

36 Mich. App. 537 (1971)

193 N.W.2d 900

BURRELL v. ANNAPOLIS HOSPITAL KEY v. ROMULUS TOWNSHIP SCHOOLS

Michigan Court of Appeals.

Decided October 26, 1971.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and William F. Bledsoe, Assistant Attorney General, for the Civil Rights Commission.

Cozadd, Shangle & Smith, for Annapolis Hospital.

B.B. Mosier, for Romulus Township Schools.

Amicus Curiae: Chrysler Corporation, by Dickinson, Wright, McKean & Cudlip (by Lawrence M. Kelly).

Before: QUINN, P.J., and V.J. BRENNAN and O'HARA, JJ.


O'HARA, J.

In the main we agree with Judge BRENNAN in his interpretation of the constitutional language providing that appeals from final orders of the Civil Rights Commission shall be tried de novo.1

We cannot, however, agree that whether an appellant is entitled to a trial by jury, advisory or otherwise, is dependent on the "nature of the relief sought". We are obligated to say that such a conclusion is to us legally unsound...

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