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HERALD CO. v. BAY CITY

Docket No. 200187.

577 N.W.2d 696 (1998)

228 Mich. App. 268

The HERALD COMPANY d/b/a The Bay City Times, Plaintiff-Appellant, v. CITY OF BAY CITY, a Municipal Corporation, Jacob Hutter, Bruce Wagner, Bruce McCandless, Tom Rhine, Boyd Boettger and Howard Asch, Defendants-Appellees.

Court of Appeals of Michigan.

Decided February 24, 1998, at 9:10 a.m.

Released for Publication May 22, 1998.

Attorney(s) appearing for the Case

Braun Kendrick Finkbeiner P.L.C. by Scott C. Strattard, Saginaw, for Plaintiff-Appellant.

Allsopp, Kolka & Wackerly, P.C. by Mark A. Kolka, Bay City, for Defendants-Appellees.

Miller, Canfield, Paddock and Stone by Don M. Schmidt, Kalamazoo, amici curiae, for Michigan Municipal League Legal Defense Fund.

Sommers, Schwartz, Silver & Schwartz, P.C. by Patrick Burkett and C.F. Boyle, Jr., Southfield, amici curiae, for Public Corporation Law Section, State Bar of Michigan.

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

O'CONNELL, Judge.

Plaintiff appeals as of right the trial court's order granting defendants' motion for summary disposition pursuant to MCR 2.116(C)(8) for failure to state a claim under the Open Meetings Act (OMA), M.C.L. § 15.261et seq.; M.S.A. § 4.1800(11) et seq., and the trial court's finding that defendants did not violate the Freedom of Information Act (FOIA), M.C.L. § 15.231 et seq...

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