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COUNCIL OF ORGANIZATIONS v. GOV. OF MICH.

Docket Nos. 180681, 181298, 181300.

548 N.W.2d 909 (1996)

216 Mich. App. 126

COUNCIL OF ORGANIZATIONS AND OTHERS FOR EDUCATION ABOUT PAROCHIAID, Annetta Miller, Barbara Roberts Mason, Gladys Beckwith, Patrice Elms, Pam Andrews, George Graber, and Nancy Erickson, Plaintiffs-Appellees, v. GOVERNOR OF MICHIGAN, Department of Treasury, Department of Education, Defendants-Appellants, and Board of Education of School District No. 3 Fractional of the Townships of Berlin and Orange and Noah Webster Academy, Defendants-Appellees, and Northlane Math and Science Academy, New Branches School, and Central Michigan University, Intervening Defendants, and Dick Posthumus, Michigan Federation of Teachers, Michigan Federation of Teachers and Related School Personnel, Amici Curiae. COUNCIL OF ORGANIZATIONS AND OTHERS FOR EDUCATION ABOUT PAROCHIAID, Annetta Miller, Barbara Roberts Mason, Gladys Beckwith, Patrice Elms, Pam Andrews, George Graber and Nancy Erickson, Plaintiffs-Appellees, v. GOVERNOR OF MICHIGAN, Department of Treasury, Department of Education, Defendants, and Board of Education of School District No. 3 Fractional of the Townships of Berlin and Orange and Noah Webster Academy, Defendants-Appellants, and Northlane Math and Science Academy, New Branches, School and Central Michigan University, Intervening Defendants, and Michigan Federation of Teachers, Michigan Federation of Teachers and Related School Personnel, Amici Curiae. COUNCIL OF ORGANIZATIONS AND OTHERS FOR EDUCATION ABOUT PAROCHIAID, Annetta Miller, Barbara Roberts Mason, Gladys Beckwith, Patrice Elms, Pam Andrews, George Graber and Nancy Erickson, Plaintiffs-Appellees, v. GOVERNOR OF MICHIGAN, Department of Treasury, Department of Education, Defendants-Appellees, and Board of Education of School District No. 3 Fractional of the Townships of Berlin and Orange and Noah Webster Academy, Defendants, and Northlane Math and Science Academy, New Branches School and Central Michigan University, Intervening Defendants-Appellants, and Michigan Federation of Teachers, Michigan Federation of Teachers and Related School Personnel, Amici Curiae.

Court of Appeals of Michigan.

Decided March 29, 1996, at 9:20 a.m.

Released for Publication June 11, 1996.

Attorney(s) appearing for the Case

White, Przybylowicz, Schneider & Baird, P.C. by Arthur R. Przybylowicz, William F. Young, and Suzanne Krumholz Clark, Okemos, for plaintiffs.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Deborah A. Devine and R. John Wernet, Jr., Assistant Attorneys General, for the Governor and other state defendants.

David A. Kallman, Lansing, for the Berlin Orange Board of Education and Noah Webster Academy.

Dykema Gossett PLLC by John B. Curcio, Richard D. McLellan, and Julia Goatley-Moreno, Lansing, for Northlane Math and Science Academy and Central Michigan University.

Clary, Nantz, Wood, Hoffius, Rankin & Cooper by John H. Gretzinger and Marshall W. Grate, Grand Rapids, for New Branches School.

Alfred H. Hall, Senate Majority Counsel, and Anne M. Boomer, Assistant Senate Majority Counsel, Lansing, amicus curiae, for Dick Posthumus.

Mark H. Cousens, Bingham Farms, amicus curiae, for the Michigan Federation of Teachers and Related School Personnel.

Before MARILYN J. KELLY, P.J., and O'CONNELL and TEEPLE, JJ.

MARILYN J. KELLY, Presiding Judge.

Defendants appeal as of right from a circuit court decision finding 1993 P.A. 362 unconstitutional on its face and enjoining public funding of academy schools. We affirm.

The first academy schools act1 became effective December 28, 1993. For reasons not explained by the parties, on January 14, 1994, the Legislature repealed it and passed a second academy schools act,2

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