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STRAUS v. GOVERNOR

Docket No. 204457.

583 N.W.2d 520 (1998)

230 Mich. App. 222

Kathleen N. STRAUS, Barbara R. Mason, Marianne McGuire, and Herbert Moyer, Plaintiffs-Appellees, v. GOVERNOR of Michigan, Defendant-Appellant.

Court of Appeals of Michigan.

Decided June 9, 1998, at 9:00 a.m.

Released for Publication September 10, 1998.

Attorney(s) appearing for the Case

Mark H. Cousens, Sachs, Waldman, O'Hare, Helveston, Bogas & McIntosh, P.C., Southfield, by Mary Ellen Gurewitz, Detroit, and White, Przybylowicz, Schneider & Baird, P.C. by Arthur R. Przybylowicz, Okemos, for plaintiffs-appellees.

Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., and Thomas R. Wheeker, Asst. Atty. Gen., for defendant-appellant.

Before FITZGERALD, P.J., and O'CONNELL and WHITBECK, JJ.

O'CONNELL, Judge.

In this appeal of right, plaintiffs, elected members of the State Board of Education (hereafter the board), challenge, as being in excess of the authority vested in the Governor by Const. 1963, art. 5, § 2, and as being in derogation of the board's inherent constitutional prerogatives under Const. 1963, art. 8, § 3, the actions of the Governor in promulgating Executive Order Nos. 1996-11 and...

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