ASSOCIATED BUILDERS AND CONTRACTORS, Saginaw Valley Area Chapter, Plaintiff-Appellant,
v.
Kathleen M. Wilbur, DIRECTOR OF the Michigan Department of CONSUMER & INDUSTRY SERVICES DIRECTOR and Prosecuting Attorney, Defendants-Appellees, and
Michigan State Building & Construction Trades Council, Intervenor/Defendant/Appellee, and
Michigan Chapter of the National Electrical Contractors Association, Inc., a Michigan Corporation, Michigan Mechanical Contractors Association, a Michigan Corporation, and Michigan Chapter of Sheet Metal Air Conditioning Contractors National Association, a Michigan Corporation, Intervenors/Defendants/Appellees, and
Michael D. Thomas, Saginaw County Prosecuting Attorney, Intervenor/Appellee.
Supreme Court of Michigan.https://leagle.com/images/logo.png
March 9, 2005.
March 9, 2005.
Attorney(s) appearing for the Case
Masud, Patterson & Schutter, P.C. (by David John Masud and Kraig M. Schutter), Saginaw, MI, for Associated Builders and Contractors, Saginaw Valley Area Chapter.
Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Richard P. Gartner, Assistant Attorney General, for the Consumer and Industry Services Department Director.
Klimist, McKnight, Sale, McClow & Canzano, P.C. (by John R. Canzano), Saginaw, MI, for the Michigan State Building & Construction Trades Council.
Schmeltzer, Aptaker & Shepard, P.C. (by Gary L. Lieber and Katherine K. Brewer) [Washington, D.C.], and Klimist, McKnight, Sale, McClow & Canzano, P.C. (by John R. Canzano) Southfield, MI, for the Michigan Chapter of the National Electrical Contractors Association, Inc; the Michigan Mechanical Contractors Association, and the Michigan Chapter of the Sheet Metal Air Conditioning Contractors National Association.
Gilbert, Smith & Borrello, P.C. (by David M. Gilbert), Saginaw, MI, for the Saginaw County Prosecuting Attorney.
Supreme Court of Michigan.
WEAVER, J.
Plaintiff, the Saginaw Valley Area Chapter of Associated Builders and Contractors, brought this action for declaratory and injunctive relief, challenging the constitutionality of the prevailing wage act (PWA).1 Plaintiff argues that the PWA is unconstitutionally vague and constitutes an unconstitutional delegation of legislative authority to unions and union contractors.
The circuit court denied defendants' motions for...
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