Michigan Compiled Laws

Mich. Comp. Laws § 600.4431 (2026)

Mandamus; damages; costs; public officer.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.4431 Mandamus; damages; costs; public officer.

Sec. 4431.

Damages and costs may be awarded in an action for mandamus. No damages may be allowed in mandamus against a public officer who, in good faith, acted erroneously.

History: 1961, Act 236, Eff. Jan. 1, 1963

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1972–2023 · leading case: Mercer v. City of Lansing, 733 N.W.2d 89 (Mich. Ct. App. 2007).

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Mercer v. City of Lansing, 733 N.W.2d 89 (Mich. Ct. App. 2007). · cites it 8× “MCL 600.4431 provides: “Damages and costs may be awarded in an action for mandamus.”

Lee v. MacOmb Cnty. Bd. of Commissioners, 597 N.W.2d 545 (Mich. Ct. App. 1999). · cites it 4× “§ 600.4431; M.S.A. § 27A.4431.] Even assuming that the Lee and Walker plaintiffs have standing to obtain mandamus, they have not presented any evidence whatsoever to support an allegation that Macomb or Wayne County officials acted in bad faith in failing to comply fully with…”

Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am. v. Governor, 202 N.W.2d 290 (Mich. 1972). · cites it 2× “e defendant O'Rourke be ordered to: 1) Cease engaging in private practice or other private business while a member of the Appeal Board; 2) Devote full time to the functions of the Appeal Board; 3) Personally perform the duties of the office during the hours generally worked by…”

Lockwood v. City of Southfield, 286 N.W.2d 87 (Mich. Ct. App. 1979). “With respect to the damage claim against the City of Southfield, the matter is controlled by MCL 600.4431; MSA 27A.4431, which provides: "Damages and costs may be awarded in an action for mandamus.”

20231207_C363697_43_363697.Opn.Ord.Pdf (Mich. Ct. App. 2023). · cites it 30× “Finally, he sought damages under MCL 600.4431, including “compensation 4 These sorts of community mental health service providers are defined and authorized under MCL 330.”

Mercer v. City of Lansing, 733 N.W.2d 89 (Mich. Ct. App. 2007). · cites it 8× “MCL 600.4431 provides: "Damages and costs may be awarded in an action for mandamus.”

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