DURANT v. DEP'T OF ED.

Docket No. 91271.

186 Mich. App. 83 (1990)

463 N.W.2d 461

DURANT v. DEPARTMENT OF EDUCATION

Michigan Court of Appeals.

Decided November 5, 1990, at 9:00 A.M.


Attorney(s) appearing for the Case

Clark, Hardy, Lewis, Pollard & Page, P.C. (by Dennis R. Pollard, Michael R. Mueller, and Richard E. Kroopnick), for the plaintiffs.

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Gerald F. Young, Paul J. Zimmer and Jane D. Woodfin, Assistant Attorneys General, for the defendants.

Amicus Curiae:

Hoekenga, Amberg, McNenly, Zuschlag, Firestone & Lee, P.C. (by Daniel J. Hoekenga and Kathlyn M. Thomas), for Michigan Education Association and Warren Fitzgerald Education Association.

Before: DANHOF, C.J., and GILLIS and MacKENZIE, JJ.


ON SECOND REMAND

DANHOF, C.J.

Plaintiffs brought the instant action for mandamus in this Court, seeking to compel defendants to fund the Fitzgerald Public Schools in the same portion as those schools were funded in the fiscal year 1978-79, pursuant to Const 1963, art 9, §§ 25-34, more commonly referred to as the Headlee Amendment. We refused to issue the requested writ on the ground that plaintiffs had not exhausted their administrative remedies...

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