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HERALD CO. v. CITY OF BAY CITY

Docket No. 111709, Calendar No. 4.

614 N.W.2d 873 (2000)

463 Mich. 111

The HERALD COMPANY, Plaintiff-Appellee, v. CITY OF BAY CITY, et al, Defendants-Appellants.

Supreme Court of Michigan.

Decided July 27, 2000.

Attorney(s) appearing for the Case

Braun, Kendrick, Finkbeiner, P.L.C. (by Scott C. Strattard), Saginaw, for plaintiff-appellee.

Allsopp, Kolka & Wackerly, P.C. (by Mark A. Kolka), Bay City, for defendants-appellants.

Law Offices of Dawn Phillips-Hertz (by Dawn Phillips-Hertz and Lisa Rycus Mikalonis), for Michigan Press Association and The Associated Press, Troy; and Kasiborski, Ronayne & Flaska, P.C. (by John J. Ronayne, III), for The Michigan Association of Broadcasters.

Miller, Canfield, Paddock & Stone, P.L.C. (by Don M. Schmidt), Kalamazoo, for Michigan Municipal League Legal Defense Fund.

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

Bauckham, Sparks, Rolfe, Lohrstorfer & Thall, P.C. (by John H. Bauckham), Kalamazoo, for Michigan Townships Association.

Opinion

YOUNG, J.

We granted leave in this case to address the application of the Michigan Freedom of Information Act (FOIA) and the Michigan Open Meetings Act (OMA) in the context of the municipal hiring process. We conclude that Bay City violated the FOIA when it refused to disclose public records concerning final candidates for the position of Bay City Fire Chief, because the requested records were not...

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