WESTERN MICHIGAN UNIVERSITY v. STATE

Docket Nos. 104340, 104341.

565 N.W.2d 828 (1997)

455 Mich. 531

WESTERN MICHIGAN UNIVERSITY BOARD OF CONTROL, a constitutional body politic and corporate, Plaintiff-Appellee, Associated Builders & Contractors, Inc., Western Michigan Chapter, a Michigan Corporation, Intervenor Plaintiff-Appellee, v. STATE of Michigan, Defendant-Appellant, and Michigan State Building Trades and Construction Council, AFL-CIO, a voluntary unincorporated association, Intervenor Defendant-Appellant.

Supreme Court of Michigan.

Decided July 29, 1997.


Attorney(s) appearing for the Case

Miller, Canfield, Paddock & Stone, P.L.C. by Don M. Schmidt and Charles E. Ritter, Kalamazoo, for Plaintiff-Appellee.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Kelly Keenan, Assistant Deputy Attorney General, Lansing, for Defendant-Appellant State of Michigan.

Klimist, McKnight, Sale, McClow & Canzano, P.C. by John R. Canzano, Southfield, for Defendant-Appellant Intervenor Michigan State Building and Construction Trades Council.

Miller, Johnson, Snell & Cummiskey, P.L.C. by Peter J. Kok and Timothy J. Ryan, Grand Rapids, amicus curiae, for Associated Builders & Contractors, Inc.


Opinion

MALLETT, Chief Justice.

Michigan's prevailing wage act, M.C.L. § 408.551 et seq.; M.S.A. § 17.256(1) et seq., requires that certain contracts for state projects contain a provision obligating the contractor to pay workers on the project the wage rate and fringe benefits prevailing in the locality where the construction is to occur. We granted leave in this case to determine whether Western Michigan University's student recreational...

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