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  5. 566 N.W.2d 208 (1997)
 

COUNCIL OF ORGANIZATIONS v. GOVERNOR

Docket Nos. 106092-106094, 106106-106111.

566 N.W.2d 208 (1997)

455 Mich. 557

COUNCIL OF ORGANIZATIONS AND OTHERS FOR EDUCATION ABOUT PAROCHIAID, INC., Annetta Miller, Barbara Roberts Mason, Gladys Beckwith, Patrice Elms, Pam Andrews, George Graber and Nancy Erickson, Plaintiffs-Appellees, v. John Engler, GOVERNOR of the State of Michigan, Douglas Roberts, Treasurer of the State of Michigan, Department of Treasury and 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-Appellants, 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-Appellees. COUNCIL OF ORGANIZATIONS AND OTHERS FOR EDUCATION ABOUT PAROCHIAID, INC., Annetta Miller, Barbara Roberts Mason, Gladys Beckwith, Patrice Elms, Pam Andrews, George Graber and Nancy Erickson, Plaintiffs-Appellees, v. John Engler, GOVERNOR of the State of Michigan, Douglas Roberts, Treasurer of the State of Michigan, Department of Treasury, and Department of Education, 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, a Michigan Public School Academy and Central Michigan University, a Michigan Public University, Intervening Defendants-Appellants, and New Branches School, a Michigan Public School Academy, Intervening Defendant-Appellee. 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. John Engler, GOVERNOR of the State of Michigan, Douglas Roberts, Treasurer of the State of Michigan, Department of Treasury, and 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-Appellees.

Supreme Court of Michigan.

Decided July 30, 1997.

Attorney(s) appearing for the Case

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

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Paul J. Zimmer, Assistant Attorney General, Lansing, for Defendants-Appellants.

Dykema, Gossett, P.L.L.C. by Richard D. McLellan, Lori M. Silsbury, and Leonard C. Wolfe, Lansing, for intervening Defendants-Appellants Northlane Math and Science Academy and Central Michigan University.

David A. Kallman, Lansing, amici curiae, for Defendants Berlin Orange Board and Noah Webster Academy.

Alfred H. Hall, Senate Majority Counsel, and Kenneth P. Poirier, Yvonne M. Balagna, and Shelly J. Edgerton, Assistants Majority Counsel, Lansing, amicus curiae, for Dick Posthumus, Senate Majority Leader.

Mark H. Cousens, Southfield, amicus curiae, for Michigan Federation of Teachers and School Related Personnel, and Organization of School Administrators and Supervisors.

Opinion

BRICKLEY, Justice.

This case concerns 1993 P.A. 362, the statute commonly known as the charter schools act, which authorized the creation of public school academies. The plaintiffs brought this suit to enjoin the distribution of public funds by challenging the constitutionality of the statute. Ingham Circuit Court Judge William Collette issued an opinion and order, declaring that the statute...

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