DETROIT v. MICHIGAN

Docket Nos. 201850, 201852.

579 N.W.2d 378 (1998)

228 Mich. App. 386

MAYOR OF DETROIT and City of Detroit, Plaintiffs-Appellees, v. STATE OF MICHIGAN and Department of Management and Budget, Defendants-Appellants. JUDICIAL ATTORNEYS ASSOCIATION and Governmental Administrators Association, Plaintiffs-Appellees/Cross-Appellants. v. STATE OF MICHIGAN, John Engler, Governor of Michigan, and Frank Kelley, Attorney General, Defendants-Cross-Defendants/Appellants/Cross-Appellees and County of Wayne and Wayne County Board of Commissioners, Defendants/Cross-Plaintiffs/Appellees/Cross-Appellees.

Court of Appeals of Michigan.

Decided March 3, 1998, at 9:15 a.m.

Released for Publication June 8, 1998.


Attorney(s) appearing for the Case

City of Detroit Law Dept. by Phyllis A. James, Corporation Counsel, Joanne D. Stafford, Chief Asst. Corporation Counsel, and Dennis A. Mazurek, Principal Asst. Corporation Counsel, Detroit, and Dickinson, Wright, Moon, Van Dusen & Freeman by Peter H. Ellsworth, Joseph C. Marshall, III, and Jeffery V. Stuckey, Lansing, for Mayor of City of Detroit and City of Detroit.

Gregory, Moore, Jeakle, Heinen, Ellison & Brooks, P.C. by Mark L. Heinen, Detroit, for Government Administrators Ass'n.

Lee R. Franklin, Detroit, for Judicial Attys. Ass'n.

Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., and Deborah A. Devine, Margaret Bartindale, Gary P. Gordon, and Thomas C. Nelson, Asst. Attys. Gen., for State of Michigan, Dept. of Management and Budget, Governor of Michigan, and Atty. Gen.

Jennifer M. Granholm, Corporation Counsel, William S. Noakes, Deputy Corporation Counsel, and John C. Burchett and Harnetha W. Jarrett, Detroit, for Wayne County and Wayne County Board of Commissioners.

Before MARKMAN, P.J., and McDONALD and FITZGERALD, JJ.


McDONALD, Judge.

These cases present three challenges to 1996 P.A. 374.1 Plaintiffs first contend that Act 374 violates Const. 1963, art. 9,§§ 25 and 29 (the Headlee Amendments).2 Plaintiffs next contend that Act 374 violates Const. 1963, art. 3, § 2 (the Separation of Powers Clause). Finally, plaintiffs contend that Act 374 violates the public employment...

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