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GYM 24/7 FITNESS, LLC v. STATE

No. 355148.

989 N.W.2d 844 (2022)

341 Mich. App. 238

The GYM 24/7 FITNESS, LLC, and All Others Similarly Situated, Plaintiffs-Appellees/Cross-Appellants, v. STATE of Michigan, Defendant-Appellant/Cross-Appellee.

Court of Appeals of Michigan.

Decided March 31, 2022, at 9:05 a.m.

Attorney(s) appearing for the Case

Outside Legal Counsel PLC, Hemlock (by Philip L. Ellison ) and Matthew E. Gronda , Saginaw, for plaintiffs.

Dana Nessel , Attorney General, Fadwa A. Hamrnoud , Solicitor General, B. Eric Restuccia , Deputy Solicitor General, Christopher Allen , Assistant Solicitor General, Darrin F. Fowler , Daniel J. Ping , Kyla L. Barranco , and Andrea Moua , Assistant Attorneys General, for defendant.

Before: Cavanagh, P.J., and Markey and Servitto, JJ.

Defendant, the state of Michigan (the State), appeals by leave granted the opinion and order of the Court of Claims that denied the State's motion for summary disposition with respect to an action brought by plaintiff, The Gym 24/7 Fitness LLC (the Gym),1 alleging an unconstitutional

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