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O'HARA v. WAYNE COUNTY CLERK

Docket No. 212199.

607 N.W.2d 380 (1999)

238 Mich. App. 611

Patrick F. O'HARA, Joseph Turinsky, Anthony Ruggiero, and Janet Ruggiero, Plaintiffs-Appellants, v. WAYNE COUNTY CLERK, Wayne County Election Commission, and Wayne County Board of Canvassers, Defendants-Appellees, and Secretary of State, Intervening Defendant-Appellee.

Court of Appeals of Michigan.

Decided November 30, 1999, at 9:10 a.m.

Released for Publication March 7, 2000.

Attorney(s) appearing for the Case

John R. Hand and Butzel Long, Dearborn, (by David W. Potts); Birmingham, for the plaintiffs.

Edward Ewell, Jr., Corporation Counsel, and Mary M. Nassar, Assistant Corporation Counsel, for the defendants.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Gary P. Gordon and Michael E. Moody, Assistant Attorneys General, for the Secretary of State.

Sachs, Waldman, O'Hare, Helveston, Bogas & McIntosh, P.C. (by Andrew Nickelhoff), Detroit, for amicus curiae Michigan Democratic Party.

Before: COLLINS, P.J., and SAWYER and MARK J. CAVANAGH, JJ.

SAWYER, J.

The trial court granted summary disposition in favor of defendants on plaintiffs' action for declaratory judgment. Plaintiffs now appeal, and we affirm.

Plaintiffs filed the instant action seeking to clarify certain voting rights with respect to the August 1998 primary election. Specifically, they sought to exclude Wayne County offices from the provisions of M.C.L. § 168.576; MSA 6.1576, which restricts voters to vote for candidates of only...

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