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WARDA v. CITY COUNCIL OF CITY OF FLUSHING

Docket No. 125561.

696 N.W.2d 671 (2005)

Stephen W. WARDA, Plaintiff-Appellee, v. CITY COUNCIL OF THE CITY OF FLUSHING and City of Flushing, Defendants-Appellants.

Supreme Court of Michigan.

May 18, 2005.

Attorney(s) appearing for the Case

Wascha & Waun, P.C. (by Thomas W. Waun), Grand Blanc, MI, for the plaintiff.

Henneke, McKone, Fraim & Dawes, P.C. (by Edward G. Henneke), Flint, MI, for the defendants.

MARKMAN, J.

The question presented in this case is whether, pursuant to MCL 691.1408(2), Michigan courts possess the authority to review a city council's discretionary decision to grant or deny reimbursement of private attorney fees incurred by a city police officer. Because the city council's decision under this statute constitutes a discretionary act of a separate branch of government, the judiciary is without authority to review it. Accordingly, we reverse the...

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