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GOLDSTONE v. BLOOMFIELD TP. PUBLIC LIBRARY

No. 130150. Calendar No. 2.

737 N.W.2d 476 (2007)

George H. GOLDSTONE, Plaintiff-Appellant, v. BLOOMFIELD TOWNSHIP PUBLIC LIBRARY, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 26, 2007.

Attorney(s) appearing for the Case

Robert E. Toohey, Bloomfield Hills, for the plaintiff.

Seyburn, Kahn, Ginn, Bess and Serlin, P.C. (by Joel H. Serlin and Barry M. Rosenbaum), Southfield, for the defendant.

Clark Hill, PLC (by Andrew C. Richner, Paul C. Smith, and F.R. Damm), Detroit, for the Detroit Public Library.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Thomas F. Schimpf and Matthew H. Rick, Assistant Attorneys General, Lansing, for the Department of History, Arts and Libraries.

Foster, Swift, Collins & Smith, P.C. (by Stephen O. Schultz and Stephen J. Rhodes), Lansing, for the Michigan Library Association, the Michigan Townships Association, and the Michigan Municipal League.

MARKMAN, J.

We granted leave to appeal to consider whether Const 1963, art 8, § 9, which states that public libraries "shall be available to all residents of the state," requires each individual public library facility in Michigan to offer nonresident book-borrowing privileges.1 The lower courts answered this question in the negative, and we agree, although for different reasons. Therefore, we affirm.

I. FACTS AND PROCEDURAL...

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