Kowalski v. BD. OF TRUSTEES OF MACOMB CTY. COMMUNITY COLLEGE

Michigan Court of Appeals

Kowalski v. BD. OF TRUSTEES OF MACOMB CTY. COMMUNITY COLLEGE

240 N.W.2d 272, 67 Mich. App. 74, 1976 Mich. App. LEXIS 1153

CourtMichigan Court of Appeals

DecidedJanuary 27, 1976

DocketDocket 23978

StatusPublished

This text of 240 N.W.2d 272 (Kowalski v. BD. OF TRUSTEES OF MACOMB CTY. COMMUNITY COLLEGE) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kowalski v. BD. OF TRUSTEES OF MACOMB CTY. COMMUNITY COLLEGE, 240 N.W.2d 272, 67 Mich. App. 74, 1976 Mich. App. LEXIS 1153 (Mich. Ct. App. 1976).

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Opinion

R. B. Burns, J.

Plaintiff brought a class suit to challenge the action of the defendant in setting tuition rates, for the 1972-1973 academic year, in *75 excess of the legislatively prescribed schedule in MCLA 389.123; MSA 15.615(1123), as amended by 1970 PA 181. The circuit judge granted a summary judgment for defendant. Plaintiff appeals and we affirm.

The issue involves the interpretation of the first sentence of Const 1963, art 8, § 7: "The legislature shall provide by law for the establishment and financial support of public community and junior colleges which shall be supervised and controlled by locally elected boards. "(Emphasis added.)

The trial judge analogized to the "almost identical” language of Const 1963, art 8, § 5 as to the University of Michigan, Michigan State University and Wayne State University: "Each board shall have general supervision of its institution * * * .”

In Regents of the University of Michigan v Michigan, 47 Mich App 23; 208 NW2d 871 (1973), the Court held that the Board of Regents had the authority to establish tuition rates.

On appeal the Supreme Court did not address itself to the particular issue. Regents of the University of Michigan v Michigan, 395 Mich 52; 235 NW2d 1 (1975).

We agree with the interpretation of the trial judge. Under the constitution the local boards have the authority to set tuition rates.

Affirmed. No costs, a public question.

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R. B. Burns, J.

Plaintiff brought a class suit to challenge the action of the defendant in setting tuition rates, for the 1972-1973 academic year, in *75 excess of the legislatively prescribed schedule in MCLA 389.123; MSA 15.615(1123), as amended by 1970 PA 181. The circuit judge granted a summary judgment for defendant. Plaintiff appeals and we affirm.

The issue involves the interpretation of the first sentence of Const 1963, art 8, § 7: "The legislature shall provide by law for the establishment and financial support of public community and junior colleges which shall be supervised and controlled by locally elected boards. "(Emphasis added.)

The trial judge analogized to the "almost identical” language of Const 1963, art 8, § 5 as to the University of Michigan, Michigan State University and Wayne State University: "Each board shall have general supervision of its institution * * * .”

In Regents of the University of Michigan v Michigan, 47 Mich App 23; 208 NW2d 871 (1973), the Court held that the Board of Regents had the authority to establish tuition rates.

On appeal the Supreme Court did not address itself to the particular issue. Regents of the University of Michigan v Michigan, 395 Mich 52; 235 NW2d 1 (1975).

We agree with the interpretation of the trial judge. Under the constitution the local boards have the authority to set tuition rates.

Affirmed. No costs, a public question.

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Bluebook (online)

240 N.W.2d 272, 67 Mich. App. 74, 1976 Mich. App. LEXIS 1153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kowalski-v-bd-of-trustees-of-macomb-cty-community-college-michctapp-1976.

Opinion

R. B. Burns, J.

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