Kenneth J Speicher v. Columbia Township Board of Trustees

• Court: Michigan Supreme Court
• Decided: June 11, 2014
• Docket: 148617
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 11, 2014 Robert P. Young, Jr., Chief Justice

148617 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack KENNETH J. SPEICHER, David F. Viviano, Plaintiff-Appellee, Justices

v SC: 148617 COA: 306684 Van Buren CC: 11-600857-CZ COLUMBIA TOWNSHIP BOARD OF TRUSTEES and COLUMBIA TOWNSHIP PLANNING COMMISSION, Defendants-Appellants.

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On order of the Court, the application for leave to appeal the December 19, 2013 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.302(H)(1). The parties shall submit supplemental briefs within 42 days of the date of this order addressing whether MCL 15.271(4) authorizes an award of attorney fees and costs to a plaintiff who obtains declaratory relief regarding claimed violations of the Open Meetings Act (MCL 15.261 et seq.), or whether the plaintiff must obtain injunctive relief as a necessary condition of recovering attorney fees and costs under MCL 15.271(4). The parties should not submit mere restatements of their application papers.

Persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. June 11, 2014 t0604 Clerk