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ASSOCIATED BUILDERS AND CONTRACTORS v. DEPT. OF CONSUMER & INDUSTRY SERV.

Docket No. 234037.

705 N.W.2d 509 (2005)

267 Mich. App. 386

ASSOCIATED BUILDERS AND CONTRACTORS, SAGINAW VALLEY AREA CHAPTER, Plaintiff-Appellee/Cross-Appellant, v. DIRECTOR, DEPARTMENT OF CONSUMER & INDUSTRY SERVICES, and Midland County Prosecuting Attorney, Defendants/Cross-Appellees, and National Electrical Contractors Association, Michigan Chapter, Defendant/Intervenor-Appellant/Cross-Appellee, and Michigan Mechanical Contractors Association, Michigan Chapter of Sheet Metal & Air Conditioning Contractors, and Michigan State Building & Construction Trades Council, Defendants/Intervenors-Appellants/Cross-Appellees, and Saginaw County Prosecutor, Intervenor.

Court of Appeals of Michigan.

Decided July 19, 2005, at 9:00 a.m.

Released for Publication October 13, 2005.

Attorney(s) appearing for the Case

Masud, Gilbert & Patterson, P.C. (by David John Masud and Kraig M. Schutter), Saginaw, for Associated Builders and Contractors, Saginaw Valley Area Chapters.

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.

Jensen, Gilbert, Smith & Borrello, P.C. (by Lawrence Wm. Smith), Saginaw, for the Midland County Prosecuting Attorney.

Smeltzer, Aptaker & Shephard, P.C. (by Gary L. Lieber and Anessa Abrams), Washington, DC, and Sachs Waldman (by Mary Ellen Gurewitz), Detroit, for the Michigan Chapter of the National Electrical Contractors Association, the Michigan Mechanical Contractors Association and the Michigan Chapter of the Sheet Metal Air Conditioning Contractors National Association.

Klimist, McKnight, Sale, McClow & Canzano, P.C. (by John R. Canzano), Southfield, and Jensen, Gilbert, Smith & Borrello (by Stephen L. Borrello), Saginaw, for the Michigan State Building & Construction Trades Council.

David M. Gilbert for the Saginaw County Prosecuting Attorney.

Before: WHITBECK, C.J., and WHITE and DONOFRIO, JJ.

(ON REMAND)

WHITE, J.

This case is before us on remand from the Supreme Court. Plaintiff brought this action for declaratory and injunctive relief, challenging the constitutionality of the prevailing wage act (PWA), M.C.L. § 408.551 et seq., as vague and as an unconstitutional delegation of legislative authority to private parties, specifically, unions and union contractors. The circuit court dismissed plaintiff's vagueness claim on defendants...

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