Opinion
Docket No. 1,291.
Decided November 9, 1966.
Appeal from Kent; Vander Ploeg (Claude), J. Submitted Division 3 April 6, 1966, at Grand Rapids. (Docket No. 1,291.) Decided November 9, 1966.
Complaint by Thomas D. Anderson, Sr., and Roberta L. Anderson against the Michigan State Highway Commission for superintending control. Complaint dismissed on motion for accelerated judgment. Plaintiffs appeal. Reversed and remanded for further proceedings.
Thomas D. Anderson, Jr., for plaintiffs.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso and Eugene F. Townsend, Sr., Assistant Attorneys General, for defendant.
The late Judge WATTS took part in the oral presentation of this case, but did not participate in the final preparation of the opinion.
The procedural question before us on appeal being identical with that in Sweezey v. State Highway Commission ( Carl v. State Highway Commission), 5 Mich. App. 34 ( i.e. whether GCR 1963, 711.3 supersedes the certiorari provisions of PA 1925, No 352, as amended), it is the opinion of the Court that Sweezey controls and accordingly this case is remanded to the circuit court for reinstatement of plaintiff's complaint for superintending control with leave to amend if required.
No costs, a public question being involved.
BURNS, P.J., and FITZGERALD, J., concurred.