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FAIRCLOTH v. FAMILY INDEPENDENCE AGENCY

Docket No. 198222.

591 N.W.2d 314 (1998)

232 Mich. App. 391

Mary FAIRCLOTH, Vernon Faircloth, Cheryl Saxon, Mary Roe, Patty Rapaich, Joe Bell, Robin S., Lorine Lagrone, Victoria Goad, Sharon D., Thomas Jenkins, Marci Devitt, Bettie C., Stephen W., Annie Bolden, Barbara Skoken, and Mary Gardner, Plaintiffs-Appellees, v. FAMILY INDEPENDENCE AGENCY f/k/a Department of Social Services and its Director, Medical Services Administration of the Michigan Department of Community Health, Defendants-Appellants.

Court of Appeals of Michigan.

Decided October 30, 1998, at 9:10 a.m.

Released for Publication February 3, 1999.

Attorney(s) appearing for the Case

Michigan Legal Services by Susan McParland and Marilyn Mullane, Detroit, for the plaintiffs.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Susan A. Harris and Stephen H. Garrard, Assistant Attorneys General, for the defendants.

Before CORRIGAN, C.J., and MARK J. CAVANAGH and BANDSTRA, JJ.

CORRIGAN, C.J.

In this action challenging the standard for considering applications for state disability assistance program (SDA) benefits during fiscal years 1991-92 and 1992-93, defendants appeal by right the order granting plaintiffs supplemental relief. The trial court found defendants' policy regarding SDA eligibility invalid because it constituted a rule that should have been promulgated under the Administrative Procedures...

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