Gov. asks MSC to take up emergency manager law

Gov. Rick Snyder has asked the Michigan Supreme Court to take up a challenge of the state’s new Emergency Manager Law, which was enacted earlier this year.

A class of 28 Michigan residents are suing the state and the governor in Ingham County Circuit Court, claiming that the Act is unconstitutional.

Because there are “several Michigan communities and the Detroit Public Schools” that already have emergency managers in place, the governor asked the Michigan Supreme court to certify the law’s constitutionality, rather than wait for the case to work its way through the lower courts. The governor said in a memo to Chief Justice Robert P. Young and the Court that decisions made by the emergency managers “may well depend on the Act’s constitutionality,” according to the memo. “Without a bypass, this lawsuit may take years to reach finality, regardless of the substantive disposition of this case [Brown et al. v Richard D. Snyder, Governor and Andrew Dillon, Treasurer] …”

MCR 7.305(A) provides for the bypass.

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