HERALD CO., INC. v. E. MICH. UNIVERSITY BD. OF REGENTS

Docket No. 128263. COA No. 9.

719 N.W.2d 19 (2006)

475 Mich. 463

HERALD COMPANY, INC, d/b/a Booth Newspapers, Inc. and Ann Arbor News, Plaintiff-Appellant, v. EASTERN MICHIGAN UNIVERSITY BOARD OF REGENTS, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 19, 2006.


Attorney(s) appearing for the Case

Soble Rowe Krichbaum, L.L.P. (by Jonathan D. Rowe and Matthew E. Krichbaum), Ann Arbor, for the plaintiff.

Plunkett & Cooney, P.C. (by Mary Massaron Ross and Michael S. Bogren), Detroit, for the defendant.

Debra A. Kowich, Eileen K. Jennings, William C. Collins, Marvin Krislov, Carol L.J. Hustoles, Victor A. Zambardi, and Robert A. Noto, Ann Arbor, for amici curiae the Regents of the University of Michigan, the Board of Trustees of Western Michigan University, Central Michigan University Board of Trustees, Saginaw Valley State University, the Board of Control of Michigan Technological University, the Board of Trustees of Oakland University, the Board of Control of Northern Michigan University, and the Board of Trustees of Michigan State University.

Honigman Miller Schwartz and Cohn L.L.P. (by Herschel P. Fink and Brian D. Wassom), Detroit, for Detroit Free Press, Inc.

Bernardi, Ronayne & Glusac, P.C. (by John J. Ronayne, III; and Elise N. Reed), Detroit, for Michigan Association of Broadcasters and Michigan Press Association.

Bauckham, Sparks, Rolfe, Lohrstorfer & Thall, P.C. (by John H. Bauckham), Kalamazoo, for Michigan Townships Association.


YOUNG, J.

The question presented in this case is whether the Washtenaw Circuit Court (the circuit court) properly withheld from disclosure a letter (Doyle letter) written by Eastern Michigan University's (EMU) Vice President of Finance Patrick Doyle to a member of defendant EMU Board of Regents, Jan Brandon. The circuit court held that the letter was exempt as a frank communication under the Freedom of Information Act (FOIA...

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