Taylor v. Auditor General

48 Citing cases

  1. Greenfield Construction Co. v. Department of State Highways

    402 Mich. 172 (Mich. 1978)   Cited 42 times
    In Greenfield, supra, p 198, fn 10, we expressly declined to decide whether the Court of Claims is empowered to render declaratory judgments, as that question was not at issue in Greenfield.

    1939 PA 135, subsequently amended and re-enacted as 1961 PA 236, MCLA 600.6419; MSA 27A.6419.Taylor v Auditor General, 360 Mich. 146, 149-150; 103 N.W.2d 769 (1960); Mead v Michigan Public Service Commission, supra, 170; Manion v State Highway Commissioner, supra, 20-21.See for example McDowell v Warden of Reformatory, supra. (Suit against a state prison warden brought under authority of 1897 CL 2091.

  2. Grunow v. Sanders

    84 Mich. App. 578 (Mich. Ct. App. 1978)   Cited 12 times

    A previous Michigan Supreme Court case has held that the Court of Claims cannot issue such judgments. Taylor v Auditor General, 360 Mich. 146; 103 N.W.2d 769 (1960). See also Dorfman v State Highway Dep't, 66 Mich. App. 1; 238 N.W.2d 395 (1975).

  3. Doan v. Kellogg Community College

    80 Mich. App. 316 (Mich. Ct. App. 1977)   Cited 17 times
    Concluding that the Michigan Court of Claims, a court established for resolution of claims against the State, lacks jurisdiction over suits against community colleges because, like cities, counties, and local school districts, they are not the State

    MCLA 600.6419; MSA 27A.6419. The Michigan Supreme Court in Taylor v Auditor General, 360 Mich. 146, 149-150; 103 N.W.2d 769 (1960), describes the jurisdiction of the Court of Claims as follows: "The court of claims is a court of legislative creation.

  4. Green v. Sec'y of State

    No. 311633 (Mich. Ct. App. Jun. 13, 2013)

    We find that this case can be resolved by statutory interpretation, which is reviewed de novo on appeal.Taylor v Auditor Gen, 360 Mich 146, 154; 103 NW2d 769 (1960), overruled in part on other grounds 468 Mich 763 (2003). Title Office, Inc v Van Buren Co Treasurer, 469 Mich 516, 519; 676 NW2d 207 (2004).

  5. Parkwood Ltd. Dividend Housing Ass'n v. State Housing Development Authority

    468 Mich. 763 (Mich. 2003)   Cited 52 times
    Determining the nature of the claim by examining plaintiff's complaint

    AuSable ManisteeAction Council, Inc. v. Michigan, 182 Mich. App. 596, 598; 452 N.W.2d 832 (1989) (citations omitted). This interpretation was first set forth in Taylor v. Auditor General, 360 Mich. 146, 151; 103 N.W.2d 769 (1960), which was decided before the 1984 amendment, when this Court, noting that the Court of Claims was created as a court of limited jurisdiction having "no `equity side' as that term is employed in respect of the jurisdiction of Michigan courts," concluded that the Court of Claims did not possess jurisdiction over declaratory-judgment actions. Relying on Taylor, Michigan courts have since adhered to the view that the Court of Claims lacks jurisdiction over a claim that is solely for declaratory relief.

  6. Silver Creek Drain District v. Extrusions Division

    468 Mich. 367 (Mich. 2003)   Cited 39 times
    Explaining that the sovereign's power of eminent domain and its "ancient provenance" dates back to the Magna Carta

    We have stated previously, "there exists a general presumption by this Court that we will not reach constitutional issues that are not necessary to resolve a case." Booth Newspapers, Inc. v. Univ. of Michigan Bd. of Regents, 444 Mich. 211, 234; 507 N.W.2d 422 (1993); see also Taylor v. Auditor General, 360 Mich. 146, 154; 103 N.W.2d 769 (1960). Because resolution on statutory grounds alone would suffice, I would not reach the constitutional issue.

  7. W. T. Andrew Co. v. Mid-State Surety Corp.

    461 Mich. 628 (Mich. 2000)   Cited 2 times

    See Const 1963, art 1, § 10. However, longstanding considerations of self-restraint dictate that we not address such possible grounds for resolution when this case is fairly resolved on a narrower basis. See Taylor v Auditor General, 360 Mich. 146, 154; 103 N.W.2d 769 (1960). C

  8. Federated Publications, Inc. v. Michigan State University Board of Trustees

    460 Mich. 75 (Mich. 1999)   Cited 33 times
    Holding that Michigan's Open Meetings Act, MCL 15.261 et seq., is inapplicable to the internal operations of the University in selecting a president because it infringes on the University's constitutional power to supervise the institution

    We therefore reverse the Court of Appeals decision and reinstate the trial court's order granting summary disposition for defendant. See Taylor v. Auditor General, 360 Mich. 146, 154; 103 N.W.2d 769 (1960). I

  9. Vargo v. Sauer

    457 Mich. 49 (Mich. 1998)   Cited 37 times
    In Vargo, Plaintiff was the estate of Lois Vargo, who died at the privately-owned St. Lawrence Hospital after receiving medical care provided by Defendant Dr. Harold Sauer, a physician and associate professor at Michigan State University (MSU).

    However, I would not reach the constitutional issue because, as we have stated previously, "there exists a general presumption by this Court that we will not reach constitutional issues that are not necessary to resolve a case." Booth Newspapers, Inc v. Univ of Michigan Bd of Regents, 444 Mich. 211, 234; 507 N.W.2d 422 (1993); Taylor v. Auditor General, 360 Mich. 146, 154; 103 N.W.2d 769 (1960). Additionally, I write separately to note that because the majority remands the case on the dual-agency theory, we have not addressed plaintiff's concerns regarding informed consent.

  10. Michigan State Afl-Cio v. Civil Service Commission

    455 Mich. 720 (Mich. 1997)   Cited 12 times
    Holding that the commission lacks the authority to define union leave as "actual duty" time, when in fact it is off-duty time not subject to commission regulation

    As we have repeatedly stated, "there exists a general presumption by this Court that we will not reach constitutional issues that are not necessary to resolve a case." Booth Newspapers, Inc v Univ of Michigan Bd of Regents, 444 Mich. 211, 234; 507 N.W.2d 422 (1993); Taylor v Auditor General, 360 Mich. 146, 154; 103 N.W.2d 769 (1960). Therefore, we reverse the decision of the Court of Appeals.