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DETROIT FREE PRESS, INC. v. CITY OF SOUTHFIELD

Docket Nos. 260083, 260639.

713 N.W.2d 28 (2005)

269 Mich. App. 275

DETROIT FREE PRESS, INC., Plaintiff-Appellee, v. CITY OF SOUTHFIELD, Defendant-Appellant, and City of Southfield Fire and Police Retirement System, City of Ann Arbor Employees' Retirement System, City of Taylor Police and Fire Retirement Fund Board, and City of Westland Police and Fire Retirement Board, Defendants. Detroit Free Press, Inc., Plaintiff-Appellee, v. City of Southfield Fire and Police Retirement System, City of Ann Arbor Employees' Retirement System, City of Taylor Police and Fire Retirement Fund Board, and City of Westland Police and Fire Retirement Board, Defendant. and City of Southfield, Defendant.

Court of Appeals of Michigan.

Decided December 20, 2005, at 9:05 a.m.

Released for Publication March 15, 2006.

Attorney(s) appearing for the Case

Honigan Miller Schwartz & Cohn (by Herschel P. Fink and Cameron J. Evans), Detroit, for Detroit Free Press, Inc.

Cummings, McClorey, Davis & Acho, P.C. (by T. Joseph Seward and Donna A. Heiser), Livonia, for the city of Southfield.

VanOverbeke, Michaud & Timmony, P.C. (by Michael J. VanOverbeke and Jack Timmony), Detroit, for the City of Southfield Fire and Police Retirement System, City of Ann Arbor Employees' Retirement System, City of Taylor Police and Fire Retirement Board, and City of Westland Police and Fire Retirement Board.

Before: WHITBECK, C.J., and SAAD and O'CONNELL, JJ.

O'CONNELL, J.

In this case involving Michigan's Freedom of Information Act (FOIA), MCL 15.231 et seq., defendant city of Southfield appeals by right an order granting summary disposition in favor of plaintiff Detroit Free Press, Inc., against defendants. The remaining defendant retirement systems appeal the same order by leave granted. Defendants present overlapping arguments challenging the trial court's ruling that each defendant violated the FOIA by refusing...

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