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In re Executive Message of the Governor

Supreme Court of Michigan
Nov 2, 2011
490 Mich. 903 (Mich. 2011)

Opinion

Docket No. 143563.

11-02-2011

In re EXECUTIVE MESSAGE OF the GOVERNOR. Brown et al. v. Richard D. Snyder, Governor, and Andrew Dillon, Treasurer.


Order

The Executive Message of the Governor pursuant to MCR 7.305(A) was received on August 12, 2011, requesting that this Court direct the Ingham Circuit Court to certify certain questions for immediate determination by this Court. In lieu of acting on the Governor's request at this time, we DIRECT the plaintiffs and the defendants to file with this Court by December 14, 2011, briefs, including a statement of facts, in support of their positions on the questions posed by the Executive Message of the Governor. The parties shall address:

(1) whether the requirements of MCR 7.305(A) have been met;

(2) whether the urgency of the request under MCR 7.305(A) is mitigated by MCR 7.302(B)(4)(b), which allows a party to request this Court to bypass review by the Court of Appeals after "a ruling that a provision of ... a Michigan statute ... is invalid";

(3) whether 2011 PA 4 violates Const. 1963, art. 3, § 2 (separation of powers), or art 4, § 1 (legislative power), in its authorization of an emergency manager;

(4) whether 2011 PA 4 violates Const. 1963, art. 4, § 29 (local or special acts) by permitting an emergency manager to exercise powers of a local governmental unit;

(5) whether 2011 PA 4 violates Const. 1963, art. 7, § 22 (charters, resolutions, ordinances, enumeration of powers) by allowing an emergency manager to exercise powers of a local governmental unit;

(6) whether 2011 PA 4 violates due process rights set forth in Const. 1963, art 1, § 17, or violates any right that is retained in Const. 1963, art 1, § 23, by allowing an emergency manager to assume the power and authority of a local governmental unit;

(7) whether 2011 PA 4 violates Const. 1963, art. 7, §§ 21, 22, and 34 (provisions for local government) by allowing an emergency manager to assume the power and authority of a local governmental unit;

(8) whether 2011 PA 4 violates Const. 1963, art. 9, § 29 (Headlee Amendment) by requiring the local government for which the emergency manager is appointed to pay for certain costs associated with the emergency manager.

The Executive Message remains under consideration.


Summaries of

In re Executive Message of the Governor

Supreme Court of Michigan
Nov 2, 2011
490 Mich. 903 (Mich. 2011)
Case details for

In re Executive Message of the Governor

Case Details

Full title:IN RE EXECUTIVE MESSAGE OF THE GOVERNOR (BROWN et al. v. RICHARD D…

Court:Supreme Court of Michigan

Date published: Nov 2, 2011

Citations

490 Mich. 903 (Mich. 2011)
804 N.W.2d 739