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(DOWNLOAD) "Mayor of Detroit and City of Detroit v. State" by Michigan Court of Appeals " Book PDF Kindle ePub Free

Mayor of Detroit and City of Detroit v. State

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eBook details

  • Title: Mayor of Detroit and City of Detroit v. State
  • Author : Michigan Court of Appeals
  • Release Date : January 03, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 111 KB

Description

These cases present three challenges to 1996 PA 374. 1 Plaintiffs first contend that Act 374 violates Const 1963, art 9, §§ 25 and 29 (the Headlee Amendments). 2 Plaintiffs next contend that Act 374 violates Const 1963, art 3, § 2 (the Separation of Powers Clause). Finally, plaintiffs contend that Act 374 violates the public employment relations act (PERA), MCL 423.201 et seq.; MSA 17.455(1) et seq. The circuit court held that Act 374 violated both the Headlee Amendment and the Separation of Powers Clause, Const 1963, art 3, § 2, but that it did not violate the PERA. We affirm in part and reverse in part. 3 Docket No. 201850 presents the city of Detroit's challenge to the requirement of Act 374 that the city fully fund the 36th District Court. Plaintiffs, the mayor of Detroit and the city of Detroit, commenced this action for a declaratory ruling that the provisions of Act 374 pertaining to the transfer of funding responsibility for the 36th District Court to the city of Detroit violate the Headlee Amendment, Const 1963, art 9, § 29, and the notice requirements contained in MCL 21.238(2); MSA 5.3194(608)(2) and MCL 21.235(2); MSA 5.3194(605)(2) 4 because the Legislature did not make an appropriation sufficient to pay for the increase in an activity or service required of the city. The circuit court granted plaintiffs' motion for summary Disposition. Defendants, state of Michigan and the Department of Management and Budget (collectively the state), appeal as of right the trial court's grant of plaintiffs' motion for summary Disposition.


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