HOUSE SPEAKER v. GOVERNOR

Docket Nos. 148677, 148678, 148679.

195 Mich. App. 376 (1992)

491 N.W.2d 832

HOUSE SPEAKER v. GOVERNOR MICHIGAN UNITED CONSERVATION CLUBS v. GOVERNOR MICHIGAN ENVIRONMENTAL PROTECTION FOUNDATION v. GOVERNOR

Michigan Court of Appeals.

Decided August 3, 1992, at 10:25 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Susan I. Leffler, Mary Kay Scullion, and Raymond O. Howd, Assistant Attorneys General, for plaintiffs in Docket No. 148677.

M. Carol Bambery, and Tom Downs, of Counsel, for plaintiffs in Docket No. 148678.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Deborah Anne Devine and Thomas C. Nelson, Assistant Attorneys General, for the defendant.

Peter W. Steketee, and Karen Kendrick-Hands, and Marcia M. McBrien, for plaintiff in Docket No. 148679.

Amici Curiae:

Dykema Gossett (by Richard D. McLellan, William J. Perrone, and Lori M. Silsbury), and Dickinson, Wright, Moon, Van Dusen & Freeman (by Peter H. Ellsworth and William C. Bertrand, Jr.), for George Romney.

Helveston, Waldman, O'Hare, Helveston, Hodges & Barnes, P.C. (by Theodore Sachs and Eileen Nowikowski), and Jordan Rossen, Connye Y. Harper, and Richard W. McHugh, International Union, UAW, for International Union, UAW, Michigan State AFL-CIO, Ken Morris, Jesse A. Damesworth, Robert Kellerman, and William Tuinstra.

Before: WAHLS, P.J., and MARILYN KELLY and REILLY, JJ.


MARILYN KELLY, J.

BACKGROUND AND ISSUES ON APPEAL

Defendants appeal as of right from an order of the Ingham Circuit Court which granted summary disposition to plaintiffs and enjoined defendants from implementing Executive Order 1991-31. They argue on appeal that plaintiffs lacked standing and that the claims are nonjusticiable political questions. They assert that the Governor is absolutely immune from suit...

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