public body made violation (Michigan) · Go Syfert
← Michigan issues

public body made violation in Michigan

9 Michigan opinions name it 2 courts 2000–2023 1 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Speicher v. Columbia Township Board of Trusteesgreen
mich · 2014 · cited in 5 Michigan opinions naming this issue, 2016–2018
2 sentences

2017As our Supreme Court explained in Speicher v Columbia Twp Bd of Trustees, 497 Mich 125, 135-136 ; 860 NW2d 51 (2014), The OMA creates a three-tiered enforcement scheme for private litigants: (1) Section 10 of the OMA allows a person to file a civil suit “to challenge the validity of a decision of a public body made in violation of this act.” Subsection (2) specifies when a decision may be invalidated, and Subsection (5) allows a public body to cure the alleged defect by reenacting a disputed decision in conformity with the OMA.

2017As our Supreme Court explained in Speicher v Columbia Twp Bd of Trustees, 497 Mich 125, 135-136 ; 860 NW2d 51 (2014), The OMA creates a three-tiered enforcement scheme for private litigants: (1) Section 10 of the OMA allows a person to file a civil suit “to challenge the validity of a decision of a public body made in violation of this act.” Subsection (2) specifies when a decision may be invalidated, and Subsection (5) allows a public body to cure the alleged defect by reenacting a disputed decision in conformity with the OMA.

15

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Citizens for a Better Algonac Community Schools v. Algonac Community Schools green
michctapp · 2016
2 sentences

2023Citizens For A Better Algonac Community Sch, 317 Mich App at 179-180 .

2017Notably, § 10 does not provide for an award of attorney fees or costs. (2) If a public body is not complying with the OMA, § 11 allows a person to file a civil suit “to compel compliance or to enjoin further noncompliance with this act.” Subsection (4) provides for an award of court costs and actual attorney fees when three -3- conditions are met: (a) a public body is not complying with the act; (b) a person files “a civil action against the public body for injunctive relief to compel compliance or enjoin further noncompliance with the act”; and (c) the person “succeeds in obtaining relief in

32017–2023
Speicher v. Columbia Township Board green
michctapp · 2013
2 sentences

2014THE REMEDIES OF THE OMA In Speicher v Columbia Twp Bd of Trustees (On Reconsideration), 303 Mich App 475, 479 ; 843 NW2d 770 (2013), this Court cogently described “three distinct types of relief” available under the OMA: MCL 15.270(1) permits a person to file a civil action to invalidate a decision of a public body made in violation of the act. . . .

2014THE REMEDIES OF THE OMA In Speicher v Columbia Twp Bd of Trustees (On Reconsideration), 303 Mich App 475, 479 ; 843 NW2d 770 (2013), this Court cogently described “three distinct types of relief” available under the OMA: MCL 15.270(1) permits a person to file a civil action to invalidate a decision of a public body made in violation of the act. . . .

12014–2014
Leemreis v. Sherman Township green
michctapp · 2007
1 sentence

2014Notably, § 10 does not provide for an award of attorney fees or costs. (2) If a public body is not complying with the OMA, § 11 allows a person to file a civil suit “to compel compliance or to enjoin further noncompliance with this act.”25 21 MCL 15.263. 22 MCL 15.265. 23 MCL 15.270; MCL 15.271; MCL 15.273. 24 MCL 15.270(1). 25 MCL 15.271(1). 9 Subsection (4) provides for an award of court costs and actual attorney fees when three conditions are met: (a) a public body is not complying with the act; (b) a person files “a civil action against the public body for injunctive relief to compel compl

12014–2014
City of South Haven v. Van Buren County Board of Commissioners green
mich · 2007
2 sentences

2014Notably, § 10 does not provide for an award of attorney fees or costs. (2) If a public body is not complying with the OMA, § 11 allows a person to file a civil suit “to compel compliance or to enjoin further noncompliance with this act.”25 21 MCL 15.263. 22 MCL 15.265. 23 MCL 15.270; MCL 15.271; MCL 15.273. 24 MCL 15.270(1). 25 MCL 15.271(1). 9 Subsection (4) provides for an award of court costs and actual attorney fees when three conditions are met: (a) a public body is not complying with the act; (b) a person files “a civil action against the public body for injunctive relief to compel compl

2014Notably, § 10 does not provide for an award of attorney fees or costs. (2) If a public body is not complying with the OMA, § 11 allows a person to file a civil suit “to compel compliance or to enjoin further noncompliance with this act.”25 21 MCL 15.263. 22 MCL 15.265. 23 MCL 15.270; MCL 15.271; MCL 15.273. 24 MCL 15.270(1). 25 MCL 15.271(1). 9 Subsection (4) provides for an award of court costs and actual attorney fees when three conditions are met: (a) a public body is not complying with the act; (b) a person files “a civil action against the public body for injunctive relief to compel compl

12014–2014
Leemreis v. SHERMAN TP. neutral
michctapp · 2007
1 sentence

2014Notably, § 10 does not provide for an award of attorney fees or costs. (2) If a public body is not complying with the OMA, § 11 allows a person to file a civil suit “to compel compliance or to enjoin further noncompliance with this act.”25 21 MCL 15.263. 22 MCL 15.265. 23 MCL 15.270; MCL 15.271; MCL 15.273. 24 MCL 15.270(1). 25 MCL 15.271(1). 9 Subsection (4) provides for an award of court costs and actual attorney fees when three conditions are met: (a) a public body is not complying with the act; (b) a person files “a civil action against the public body for injunctive relief to compel compl

12014–2014
Wilkins v. Gagliardi green
michctapp · 1996
2 sentences

2000Wilkins v Gagliardi, 219 Mich App 260, 275 ; 556 NW2d 171 (1996).

2000Wilkins v Gagliardi, 219 Mich App 260, 275 ; 556 NW2d 171 (1996).

12000–2000

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 15.261 (7) MI § Mich. Comp. Laws § 15.270 (7) MI § Mich. Comp. Laws § 15.271 (6) MI § Mich. Comp. Laws § 15.273 (6) MI § Mich. Comp. Laws § 15.263 (5) MI § Mich. Comp. Laws § 15.267 (3) MI § Mich. Comp. Laws § 15.268 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check