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McMANAMON v. CHARTER TOWNSHIP OF REDFORD

Docket No. 235816.

671 N.W.2d 56 (2003)

256 Mich. App. 603

Daniel P. McMANAMON, Plaintiff-Appellant, v. CHARTER TOWNSHIP OF REDFORD, Defendant-Appellee, and Kevin Kelley and Miles R. Handy, II, Defendants.

Court of Appeals of Michigan.

Decided May 27, 2003, at 9:00 a.m.

Released for Publication July 14, 2003.

Attorney(s) appearing for the Case

Gary T. Miotke, Allen Park, for the plaintiff.

Cummings, McClorey, Davis & Acho, P.L.C. (by Joseph Nimako), Livonia, for the defendant.

Before: O'CONNELL, P.J., and WHITE and B.B. MacKENZIE , JJ.

WHITE, J.

Plaintiff appeals as of right the circuit court's dismissal of his claim under the Employee Right to Know Act (ERKA), M.C.L. § 423.501 et seq. We reverse and remand for further proceedings.

The question is whether in an action to compel compliance under § 11 of ERKA, M.C.L. § 423.511, an employee must first obtain an order compelling compliance and suffer a violation of that order before the employee can recover damages for...

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