PAROCHIAID COUNCIL v. GOVERNOR

Docket Nos. 180681, 181298, 181300.

216 Mich. App. 126 (1996)

COUNCIL OF ORGANIZATIONS AND OTHERS FOR EDUCATION ABOUT PAROCHIAID v. GOVERNOR

Michigan Court of Appeals.

Decided March 29, 1996, at 9:20 A.M.


Attorney(s) appearing for the Case

White, Przybylowicz, Schneider & Baird, P.C. (by Arthur R. Przybylowicz, William F. Young, and Suzanne Krumholz Clark), for the 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, 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), for Northlane Math and Science Academy and Central Michigan University.

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

Amici Curiae:

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

Mark H. Cousens, for the Michigan Federation of Teachers and Related School Personnel.

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


MARILYN KELLY, P.J.

Defendants appeal as of right from a circuit court decision finding 1993 PA 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 For reasons not explained by the parties, on January 14, 1994, the Legislature repealed it and passed a second academy schools...

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