Opinion
No. 122030.
May 22, 2003.
SC: 122030, COA: 226066, Saginaw CC: 99-30040-NZ-5
On order of the Court, the application for leave to appeal from the May 7, 2002 decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the circuit court's grant of summary disposition in favor of the defendant. Monetary relief is not an available remedy for a violation of Michigan's equal protection clause. Lewis v. State of Michigan, 464 Mich. 781, 787 (2001). Instead, only equitable relief, such as an injunction, is available for a violation of Michigan's equal protection clause. Sharp v. City of Lansing, 464 Mich. 792, 800 (2001). In the instant case, the construction project that plaintiff alleges it should have been awarded has already been completed, and thus an injunction would not be available as a remedy to plaintiff. Because there is no remedy available to plaintiff, the plaintiff's equal protection claim is rendered moot, and thus the Court of Appeals erred in reversing the circuit court's order granting summary disposition in favor of defendant.
Weaver, J., would grant leave to appeal.