Order Michigan Supreme Court
Lansing, Michigan
February 5, 2014 Robert P. Young, Jr.,
Chief Justice
147794 & (99) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
DANIEL ADAIR, et al., Bridget M. McCormack
Plaintiffs-Appellees/ David F. Viviano,
Cross-Appellants, Justices
v SC: 147794
COA: 302142
MICHIGAN DEPARTMENT OF EDUCATION,
BUDGET DIRECTOR FOR THE STATE OF
MICHIGAN, TREASURER FOR THE STATE
OF MICHIGAN, and SUPERINTENDENT OF
PUBLIC INSTRUCTION FOR THE STATE OF
MICHIGAN,
Defendants-Appellants/
Cross-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the August 22, 2013
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellants are considered. The application for leave to appeal is GRANTED. The parties
shall include among the issues to be briefed: (1) which party has the burden of proving
underfunding of a legislative mandate in a challenge under Const 1963, art 9, § 29,
(2) what elements of proof are necessary to sustain such a claim, and (3) whether
acceptance of a general appropriation from the Legislature which is specifically
conditioned on compliance with reporting requirements pursuant to MCL
388.1622b(1)(c) waives any challenge to the funding level for those requirements under
Const 1963, art 9, § 29. The application for leave to appeal as cross-appellants is
DENIED, because we are not persuaded that the questions presented should be reviewed
by this Court.
Persons or groups interested in the determination of the issues presented in this
case may move the Court for permission to file briefs amicus curiae.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
February 5, 2014
t0129
Clerk