Opinion
No. 128906.
July 7, 2005.
Summary Disposition
SC: 128906, COA: 262263.
In lieu of granting leave to appeal, the Court of Appeals order vacating the preliminary injunction is affirmed. MCR 7.302(G)(1). The Court of Appeals order is modified to the extent that it failed to require dismissal of plaintiffs' Open Meetings Act claims in their entirety. The proofs did not establish a violation of the Open Meetings Act, MCL 15.261 et seq. See Herald Co v. Bay City, 463 Mich 111 (2000), MCL 224.9(3) and 224.10(2), and MCL 15.265(4). Under the circumstances presented in this case, MCL 224.11(2) affords plaintiffs no remedy separate from or additional to the remedies available under the Open Meetings Act. Therefore, the case is remanded to the Ingham Circuit Court for the immediate entry of summary disposition in defendants' favor on all of plaintiffs' claims.
I would grant leave to appeal in this case. The issues presented should not be decided in a peremptory order.