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MICH. EDUC. ASS'N v. SUPER. OF PUB. INSTR.

Docket No. 267714.

724 N.W.2d 478 (2006)

272 Mich. App. 1

MICHIGAN EDUCATION ASSOCIATION, Plaintiff-Appellant, v. SUPERINTENDENT OF PUBLIC INSTRUCTION, Department of Education, State Board of Education, State Treasurer, and Department of Treasury, Defendants-Appellees, and Coalition for Educational Choice, Intervening Defendant-Appellee.

Court of Appeals of Michigan.

Decided August 1, 2006, at 9:00 a.m.

Released for Publication November 14, 2006.

Attorney(s) appearing for the Case

Lee & Clark (by Suzanne Krumholz Clark) and Arthur R. Przybylowicz, Southfield, East Lansing, for the Michigan Education Association.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and D.J. Pascoe, Assistant Attorney General, for the Superintendent of Public Instruction, the Department of Education, the State Board of Education, the State Treasurer, and the Department of Treasury.

Dykema Gossett P.L.L.C. (by Richard J. Landau, Leonard C. Wolfe, and Jason T. Hanselman), Lansing, for the Coalition for Educational Choice.

Patrick J. Wright for the Mackinac Center for Public Policy. Midland.

Patrick J. Wright, Midland, for amicus curiae Mackinac Center for Public Policy.

Before: DONOFRIO, P.J., and O'CONNELL and SERVITTO, JJ.

DONOFRIO, P.J.

Plaintiff appeals as of right the trial court's order granting summary disposition to defendants. This case involves a challenge to the authority of Bay Mills Community College (BMCC) to authorize "public school academies" also referred to as "charter schools." Because we cannot conclude that plaintiff has standing to challenge the expenditure of state funds under the facts before us, we do not reach the substantive issue whether the public school academies...

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