Order Michigan Supreme Court
Lansing, Michigan
March 23, 2012 Robert P. Young, Jr.,
Chief Justice
143841 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
CHERYL DEBANO-GRIFFIN, Justices
Plaintiff -Appellant,
v SC: 143841
COA: 282921
Lake CC: 05-006469-CZ
LAKE COUNTY and LAKE COUNTY BOARD
OF COMMISSIONERS,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the August 25, 2011
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the plaintiff established a causal
connection between her protected activity and the adverse employment action under the
Whistleblowers Protection Act (MCL 15.362) and, if so, (2) whether a whistleblower
may challenge an adverse employment decision, which is claimed to be a matter of
business judgment that was based on a fiscal or budgetary reason, as a mere pretext over
the defendants’ assertion that the separation of powers principle prevents the judiciary
from examining the budgetary decisions of a legislative body. See Dubey v Stroh
Brewery Co, 185 Mich App 561, 565-566 (1990).
ZAHRA, J., did not participate because he was on the Court of Appeals panel that
issued the October 15, 2009 and December 16, 2010 per curiam opinions.
I, Corbin R. Davis, 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.
March 23, 2012 _________________________________________
y0320 Clerk