Oakland Cares Coalition v. Gwendolyn Turner

Michigan Court of Appeals

Oakland Cares Coalition v. Gwendolyn Turner

DecidedSeptember 1, 2021

Docket358304

StatusUnpublished

This text of Oakland Cares Coalition v. Gwendolyn Turner (Oakland Cares Coalition v. Gwendolyn Turner) 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.

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Oakland Cares Coalition v. Gwendolyn Turner, (Mich. Ct. App. 2021).

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Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

OAKLAND CARES COALITION, UNPUBLISHED September 1, 2021 Plaintiff-Appellant,

v No. 358304 Oakland Circuit Court GWENDOLYN TURNER, LC No. 2021-189358-AW

Defendant-Appellee.

Before: MURRAY, C.J., and SERVITTO and O’BRIEN, JJ.

MURRAY, C.J. (concurring).

I concur in the majority’s decision to reverse the order denying a writ of mandamus. As outlined by the majority opinion, MCL 168.646a(2) does not permit the township clerk to make a pre-election legal determination regarding the validity of the proposed ordinance. Instead, it is only delegated the task of certifying to the county clerk “the wording of the ballot question,” and nothing more. Whether the proposed ordinance violates a provision of the Michigan Constitution does not come into play when certifying the wording of the question to be placed on the ballot. The statute is clear in that regard, and the case law disputed by defendant is not needed to come to this conclusion. It may buttress the conclusion, but the statute’s plain terms provide the answer in the first instance.

/s/ Christopher M. Murray

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If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

OAKLAND CARES COALITION, UNPUBLISHED September 1, 2021 Plaintiff-Appellant,

v No. 358304 Oakland Circuit Court GWENDOLYN TURNER, LC No. 2021-189358-AW

Defendant-Appellee.

Before: MURRAY, C.J., and SERVITTO and O’BRIEN, JJ.

MURRAY, C.J. (concurring).

I concur in the majority’s decision to reverse the order denying a writ of mandamus. As outlined by the majority opinion, MCL 168.646a(2) does not permit the township clerk to make a pre-election legal determination regarding the validity of the proposed ordinance. Instead, it is only delegated the task of certifying to the county clerk “the wording of the ballot question,” and nothing more. Whether the proposed ordinance violates a provision of the Michigan Constitution does not come into play when certifying the wording of the question to be placed on the ballot. The statute is clear in that regard, and the case law disputed by defendant is not needed to come to this conclusion. It may buttress the conclusion, but the statute’s plain terms provide the answer in the first instance.

/s/ Christopher M. Murray

-1-

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Oakland Cares Coalition v. Gwendolyn Turner, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oakland-cares-coalition-v-gwendolyn-turner-michctapp-2021.