FEDERATED PUBLICATIONS, INC. v. BD. OF TRUSTEES OF MICHIGAN STATE

Docket No. 109663, Calendar No. 11.

594 N.W.2d 491 (1999)

460 Mich. 75

FEDERATED PUBLICATIONS, INC., doing business as The Lansing State Journal and The Detroit News, Inc., Plaintiffs-Appellees, v. BOARD OF TRUSTEES OF MICHIGAN STATE UNIVERSITY, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 15, 1999.


Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith, P.C. (by Charles E. Barbieri and Webb A. Smith), Lansing, MI, for plaintiff-appellee.

Roderick K. Daane, Ann Arbor, MI and Robert A. Noto, East Lansing, MI, for defendant-appellant.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Kelly Keenan, Assistant in Charge, FOI Division, Lansing, MI, amici curiae for Attorney General.

Law Offices of Dawn Phillips Hertz (by Dawn L. Phillips and Lisa Rycus Mikalonis) Troy, MI, amici curiae for Michigan Press Association and the State News.

Miller, Canfield, Paddock & Stone, P.L.C. (by Charles A. Duerr, Jr.), Ann Arbor, MI, by authority and on behalf of attorneys Elizabeth M. Barry, Louis A. Lessem, Susan Gerrits, Kenneth A.

McKanders, Eileen K. Jennings, and Scott HillKennedy and Fredric N. Goldberg, amici curiae for state universities University of Michigan Regents, Wayne State University Board of Governors, Oakland University Board of Trustees, Eastern Michigan University Board of Regents, Central Michigan University, and Ferris State University Board of Trustees.

Honigman, Miller, Schwartz & Cohn (by Herschel P. Fink and Jennifer S. Zbytowski), Detroit, MI, amici curiae for Detroit Free Press, Inc.


Opinion

CORRIGAN, J.

We granted leave in this case to determine whether the presidential selection procedure utilized by defendant violated the Open Meetings Act (OMA), M.C.L. § 15.261 et seq.; MSA 14.1800(11) et seq., and whether application of the OMA to committees formed by the governing boards of our public universities to assist in the selection of university presidents is constitutional. As an initial matter, while we would customarily...

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