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McNEIL v. CHARLEVOIX COUNTY

Docket No. 134437. Calendar No. 9.

772 N.W.2d 18 (2009)

484 Mich. 69

Kent A. McNEIL, Franklin E. Fisher, and Roger Griffin, Plaintiffs, and Scott Way and Jeff Legato, Plaintiffs-Appellants, v. CHARLEVOIX COUNTY and Northwest Michigan Community Health Agency, Defendants-Appellees.

Supreme Court of Michigan.

Decided July 21, 2009.

Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith, P.C. (by Samuel J. Frederick), Lansing, for plaintiffs Scott Way and Jeff Legato.

Young, Graham, Elsenheimer & Wendling, P.C. (by James G. Young, Dennis M. LaBelle, and James G. Young), Bellaire, for defendant Northwest Michigan Community Health Agency.

Cohl, Stoker, Toskey & McGlinchey, P.C. (by Peter A. Cohl and Richard D. McNulty), Lansing, for amici curiae the Michigan Association of Counties and the Michigan Association for Local Public Health.

Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C. (by John H. Bauckham and Robert E. Thall), Kalamazoo, for amici curiae the Michigan Townships Association.

Opinion

WEAVER, J.

At issue in this case is whether MCL 333.2441(1) authorizes a local health department to create, and a county board of commissioners to approve, regulations that control smoking in the workplace. Additionally at issue is whether such a regulation, providing employees with a private cause of action to seek its enforcement, interferes with Michigan's at-will employment doctrine.

I. THE COURT OF APPEALS DECISION

The Court...

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