Michigan Compiled Laws
Mich. Comp. Laws § 49.72 (2026)
Prosecuting attorney; limitation of action in civil matters.
✓ current as of July 2026
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COUNTY CIVIL COUNSEL
Act 15 of 1941
49.72 Prosecuting attorney; limitation of action in civil matters.
Sec. 2.
In case the board of supervisors of any such county shall employ an attorney under this act to represent the county in civil matters, the prosecuting attorney of such county shall not act with respect to such matters, unless requested to do so by the board of supervisors.
History: 1941, Act 15, Eff. Jan. 10, 1942 ;-- CL 1948, 49.72
Notes of Decisions
Cited in 4
cases, 1972–1994 · leading case: Wayne Cnty. Prosecuting Attorney v. Wayne Cnty. Bd. of Commissioners, 205 N.W.2d 27 (Mich. Ct. App. 1972).
Wayne Cnty. Prosecuting Attorney v. Wayne Cnty. Bd. of Commissioners, 205 N.W.2d 27 (Mich. Ct. App. 1972). “” MCLA 49.72; MSA 5.825. The first section of the foregoing statute grants the power to a board of supervisors (now called a board of commissioners — MCLA 46.”
Michigan Ex Rel Oakland Cnty. Prosecutor v. Dep't of Corr., 503 N.W.2d 465 (Mich. Ct. App. 1993). “First, Anderson argues that plaintiff lacked standing to bring the present action. Specifically, he contends that because the Oakland County Board of Commissioners has a corporate counsel to represent the county in civil matters, the prosecuting attorney was precluded under MCL…”
People v. Young, 521 N.W.2d 340 (Mich. Ct. App. 1994). “Thus, MCL 49.72; MSA 5.825 does not prevent the prosecutor from seeking a declaratory judgment even though the Wayne County Board of Commissioners did not authorize such action.”
Wayne Cnty. Prosecutor v. City of Detroit, 514 N.W.2d 774 (Mich. Ct. App. 1994). “See MCL 49.72; MSA 5.825. 2 Thus, even before MCL 333.”
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