Durant v. State, Dept. of Educ., Docket No. 51431
| Court | Court of Appeal of Michigan (US) |
| Citation | 313 N.W.2d 571,110 Mich.App. 351 |
| Docket Number | Docket No. 51431 |
| Parties | , 1 Ed. Law Rep. 1270 Donald DURANT, Leander Picard, Jack Kennedy, Hilary Kutella, Douglas Holbrook, Verna Rasmussen, Edward Rishavy, and the Fitzgerald Public Schools, a Michigan municipal corporation, Plaintiffs, v. STATE of Michigan, DEPARTMENT OF EDUCATION, Department of Management andBudget, and State Treasurer, Defendants. |
| Decision Date | 19 October 1981 |
Page 571
Douglas Holbrook, Verna Rasmussen, Edward Rishavy,
and the Fitzgerald Public Schools, a
Michigan municipal
corporation, Plaintiffs,
v.
STATE of Michigan, DEPARTMENT OF EDUCATION, Department of
Management andBudget, and State Treasurer, Defendants.
Released for Publication Dec. 22, 1981.
Page 572
[110 Mich.App. 352] Clark, Hardy, Lewis, Fine & Pollard, P.C. by Dennis R. Pollard and Gary Pollack, Birmingham, for plaintiffs.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., and Gerald F. Young and James E. Riley, Asst. Atty. Gen., for defendants.
Before DANHOF, C. J., and CAVANAGH and FREEMAN *, JJ.
PER CURIAM.
Plaintiffs seek mandamus to compel defendants to fund the Fitzgerald Public Schools in the same proportion those schools were funded in fiscal year 1978-79, pursuant to the so-called Headlee Amendment, Const. 1963, art. 9, §§ 25-34.
Plaintiffs claim that the state has provided for a smaller percentage of operating revenues for general public education in the Fitzgerald Public Schools, in addition to special education and driver education, than is required under the Headlee Amendment. Defendants deny that less money has been provided and dispute plaintiffs' standing to bring this suit. This Court issued an order to show cause, GCR 1963, 816.2(2)(c), thereby bringing the issues presented before us for plenary consideration.
Our consideration of the briefs and arguments [110 Mich.App. 353] convinces us that the issues presented involve questions of fact and mixed questions of fact and law, as well as questions of law. See Deziel v. Difco Laboratories, Inc., 394 Mich. 466, 475, 232 N.W.2d 146 (1975). Although there may be exceptions for extraordinary circumstances, in general mandamus will not lie in cases involving disputed or doubtful facts. Powers v. Secretary of State, 309 Mich. 530, 16 N.W.2d 62 (1944).
Page 573
While plaintiffs assuredly have standing to contest the appropriations for public education, Waterford School Dist. v. State Board of Education, 98 Mich.App. 658, 296 N.W.2d 328 (1980), Const. 1963, art. 9, § 32, the fact that standing has been conferred does not alter the general principles applicable to prerogative writs. Lepofsky v. City of Lincoln Park, 48 Mich.App. 347, 356, 210 N.W.2d 517 (1973).
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Durant v. State, Docket Nos. 104458
...passed by the Legislature to implement the Headlee Amendment, 1979 P.A. 101, M.C.L. § 21.231 et seq.; M.S.A. § 5.3194(601) et seq. 8 , 110 Mich.App. 351, 313 N.W.2d 571 (1981). This Court reversed, ruling that plaintiffs were not required to exhaust administrative remedies before the local ......
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Durant v. Department of Educ., Docket No. 91271
...before the local government claims review board pursuant to M.C.L. Sec. 21.240; M.S.A. Sec. 5.3194(610). Durant v. Dep't of Ed., 110 Mich.App. 351, 313 N.W.2d 571 (1981). Our Supreme Court, in lieu of granting leave to appeal, reversed, finding that plaintiffs were not required to exhaust t......
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Wayne County Chief Executive v. Governor, Docket No. 199290
...537 N.W.2d 596 (1995); East Jackson Public Schools v. Michigan, 133 Mich.App. 132, 138, 348 N.W.2d 303 (1984); Durant v. Dep't of Ed., 110 Mich.App. 351, 353, 313 N.W.2d 571 (1981), rev'd on other grounds 413 Mich. 862, 317 N.W.2d 854 (1982). See also Oakland Co, supra at 167, 566 N.W.2d 61......
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