IN RE COMPLAINT OF ROVAS AGAINST SBC

Docket Nos. 134493, 134500. Calendar No. 7.

754 N.W.2d 259 (2008)

In re COMPLAINT OF ROVAS AGAINST SBC MICHIGAN. SBC Michigan, Plaintiff-Appellant, v. Public Service Commission, Defendant-Appellee. SBC Michigan, Plaintiff-Appellee, v. Public Service Commission, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 23, 2008.


Attorney(s) appearing for the Case

Craig A. Anderson, Lisa M. Bruno, and Dickinson Wright P.L.L.C. (by Peter H. Ellsworth, Jeffery V. Stuckey, Phillip J. DeRosier, and Trent B. Collier), Detroit, Lansing, for SBC Michigan.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Michael A. Nickerson, Assistant Attorney General, and David A. Voges, Assistant Attorney General Division Chief, for the Public Service Commission.

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

Miller, Canfield, Paddock and Stone, P.L.C. (by Sherri A. Wellman and Michael C. Rampe), Lansing, for amici curiae the Telecommunications Association of Michigan.

Stephen J. Gobbo and Kimberly A. Breitmeyer, Lansing, for amici curiae the State Bar of Michigan Administrative Law Section.


Opinion

YOUNG, J.

This case concerns judicial review of an administrative agency's interpretation of a statute. This Court has not always been precise in articulating the proper standard for reviewing such interpretations. However, in accordance with longstanding Michigan precedent and basic separation of powers principles, we hold and reaffirm that an agency's interpretation of a statute is entitled to "respectful consideration," but courts may not abdicate...

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