Order Michigan Supreme Court
Lansing, Michigan
September 25, 2019 Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
158240
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
SUSAN BISIO, Elizabeth T. Clement
Plaintiff-Appellant, Megan K. Cavanagh,
Justices
v SC: 158240
COA: 335422
Oakland CC: 2015-150462-CZ
THE CITY OF THE VILLAGE OF
CLARKSTON,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the July 3, 2018
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address: (1) whether the Court of Appeals erred in holding that the documents sought by
the plaintiff were not within the definition of “public record” in § 2(i) of the Freedom of
Information Act (FOIA), MCL 15.231 et seq.; and (2) whether the defendant city’s
charter-appointed attorney was an agent of the city such that his correspondence with
third parties, which were never shared with the city or in the city’s possession, were
public records subject to the FOIA, see Breighner v Michigan High Sch Athletic Ass’n,
471 Mich 217, 233 ns 6 & 7 (2004); Hoffman v Bay City School Dist, 137 Mich App 333
(1984). The time allowed for oral argument shall be 20 minutes for each side. MCR
7.314(B)(1).
The Michigan Press Association, Detroit Free Press, Michigan Municipal League,
and Michigan Townships Association are invited to file briefs amicus curiae. Other
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.
September 25, 2019
s0918
Clerk