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Schwarzberg v. Bd. of State Canvassers

Supreme Court of Michigan
Jul 3, 2002
649 N.W.2d 73 (Mich. 2002)

Summary

In Schwarzberg v. Bd. of State Canvassers, 649 N.W.2d 73 (Mich. 2002), we stated that "[d]espite the language of MCL 168.552(12), a mandamus action against the Board of State Canvassers is properly filed in the Court of Appeals or the circuit court. MCR 7.203(C)(5), MCR 3.305(A)."

Summary of this case from Brandenburg v. Bd. of State Canvassers

Opinion

No. 121850 (3)(4).

July 3, 2002.


On order of the Court, the motion for immediate consideration is GRANTED. The complaint for mandamus is considered, and it is DISMISSED. Despite the language of MCL 168.552(12), a mandamus action against the Board of State Canvassers is properly filed in the Court of Appeals or the circuit court. MCR 7.203(C)(5), MCR 3.305(A). See Callahan v Board of State Canvassers, Docket No. 121802, order entered June 20, 2002. The motion for an order to show cause is DENIED as moot.


Summaries of

Schwarzberg v. Bd. of State Canvassers

Supreme Court of Michigan
Jul 3, 2002
649 N.W.2d 73 (Mich. 2002)

In Schwarzberg v. Bd. of State Canvassers, 649 N.W.2d 73 (Mich. 2002), we stated that "[d]espite the language of MCL 168.552(12), a mandamus action against the Board of State Canvassers is properly filed in the Court of Appeals or the circuit court. MCR 7.203(C)(5), MCR 3.305(A)."

Summary of this case from Brandenburg v. Bd. of State Canvassers
Case details for

Schwarzberg v. Bd. of State Canvassers

Case Details

Full title:KAY A. SCHWARZBERG, Plaintiff, v. BOARD OF STATE CANVASSERS, Defendant

Court:Supreme Court of Michigan

Date published: Jul 3, 2002

Citations

649 N.W.2d 73 (Mich. 2002)

Citing Cases

Brandenburg v. Bd. of State Canvassers

As the dissent notes, two decades ago we held in two peremptory orders that MCR 3.305(A) and MCR 7.203(C)(5)…