Blair v. Wayne State University
Decision Date | 31 May 1974 |
Docket Number | No. 1,Docket No. 14255,1 |
Citation | 220 N.W.2d 202,53 Mich.App. 641 |
Parties | Brenda Lee BLAIR and Kenneth Louis Gasper, Individually and Jointly, Plaintiffs-Appellants, v. WAYNE STATE UNIVERSITY, an institute of higher education established and maintained under the laws of the State of Michigan, et al., Defendants- Appellees |
Court | Court of Appeal of Michigan — District of US |
James T. Lafferty, Lafferty, Reosti, Jabara, Papakhian & James, Detroit, forplaintiffs-appellants.
Byron H. Higgins, Detroit, for defendants-appellees.
Before V. J. BRENNAN, P.J., and McGREGOR and T. M. BURNS, JJ.
Plaintiffs first challenge the constitutionality of §§ 1B(1) and (2) of the Wayne State University Policy for Determining Residence for tuition purposes which reads as follows:
'A person over 21 years of age with residence in the United States shall be deemed a resident of Michigan for the purpose of registration in the University if he claims Michigan residence and has resided in Michigan for six months preceding the date of his enrollment, provided that any registrations he may have in any educational institution during that period do not exceed 8 quarter hours per quarter (or 8 semester hours per semester), except in the Law School where any such registrations must be in a part-time curriculum.
These regulations are indistinguishable from those held unconstitutional in Vlandis v. Kline, 412 U.S. 441, 93 S.Ct. 2230, 37 L.Ed.2d 63 (1973). The permanent, irrebuttable presumption of nonresidence created by these regulations violates the due process clause of the Fourteenth Amendment.
Plaintiffs also contend that defendant university's refusal to include time spent by a resident as a student in computing the six-month period used to establish residency for single adults, while including it in the case of spouses of Michigan residents, denied the plaintiffs the equal protection of the laws.
According to the Wayne State University Policy for Determining Residence, § 1B(2)b, it is possible for the spouses of Michigan residents to obtain residency status for tuition purposes six months after either their marriage or arrival in this state, even though they carried a full course load during the six-month period. The spouses must only present evidence, based on a reasonable combination of seven factors listed in the regulations, that it is the intention of both spouses to make Michigan their permanent domicile. There is no similar provision applicable to single individuals.
The plaintiffs in this case met five of the seven criteria listed in the regulations. If they had been spouses of Michigan residents, they would have been promptly...
To continue reading
Request your trial-
Kiluma v. Wayne State University, Docket No. 26235
...the Wayne County Circuit Court 'can never have in personam jurisdiction' over the University. See, E.g., Blair v. Wayne State University, 53 Mich.App. 641, 220 N.W.2d 202 (1974), Reversed on other grounds, 393 Mich. 769; 224 N.W.2d 283 Moreover, defendant's construction is at odds with Fox ......
-
Blair v. Wayne State University, 56191
...same is hereby granted. The Court on its own motion pursuant to GCR 1963, 865.1(7) peremptorily reverses the Court of Appeals, 53 Mich.App. 641, 220 N.W.2d 201. The cause is remanded to the trial court for a full evidentiary hearing on plaintiffs' claims and the defendants' defense. The jud......