Opinion
SC: 154745 COA: 316418
06-09-2017
BOARD OF TRUSTEES OF the CITY OF PONTIAC POLICE AND FIRE RETIREE PREFUNDED GROUP HEALTH AND INSURANCE TRUST, Plaintiff–Appellee, v. CITY OF PONTIAC, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the October 25, 2016 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether the Court of Appeals correctly concluded that the principles from LaFontaine Saline, Inc. v. Chrysler Group, LLC , 496 Mich. 26 (2014), apply to the analysis of the Emergency Manager's Executive Order 225; and that (2) the retroactive application of EO 225 to extinguish the defendant city's accrued but unpaid contribution to the trust for the 2011-2012 fiscal year was impermissible under LaFontaine ; and (3) if not, whether EO 225 constitutes an impermissible retroactive modification of the 2011–2012 fiscal year contribution under Const. 1963, art. 9, § 24. The parties should not submit mere restatements of their application papers.