WAYNE CTY. PROSECUTOR v. DOC

Docket No. 214873.

617 N.W.2d 921 (2000)

242 Mich. App. 148

WAYNE COUNTY PROSECUTOR, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS, Defendant-Appellee.

Court of Appeals of Michigan.

Decided August 15, 2000, at 9:00 a.m.

Released for Publication October 18, 2000.


Attorney(s) appearing for the Case

John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and George E. Ward, Chief Assistant Prosecutor, for the plaintiff.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Chester S. Sugierski, Assistant Attorney General, for the defendant.

Before O'CONNELL, P.J., and MURPHY and JANSEN, JJ.


JANSEN, J.

Plaintiff appeals as of right from an order granting summary disposition in favor of defendant pursuant to MCR 2.116(C)(8). We affirm.

This case arises out of plaintiff's attempt to have § 42 of the penal institutions, pardon, probation, and parole act, M.C.L. § 791.242; MSA 28.2312, relating to a final order of discharge from parole, declared unconstitutional as a violation of the separation of powers doctrine. Specifically, by a letter...

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