Order Michigan Supreme Court
Lansing, Michigan
September 6, 2011 Robert P. Young, Jr.,
Chief Justice
143017 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
LEO N. WILEY, Brian K. Zahra,
Petitioner-Appellant, Justices
v SC: 143017
COA: 293125
Ingham CC: 08-001000-AA
CIVIL SERVICE COMMISSION,
Respondent-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the March 24, 2011
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the question presented should be reviewed by this Court.
MARKMAN, J. (concurring).
I concur with the Court’s order. I write separately only to clarify that the Court of
Appeals decision did not reinstate the Civil Service Commission’s final order, but instead
remanded to the trial court for further proceedings. Thus, the trial court will have the
opportunity to revisit this case, consider the aggravating factors relied on by respondent
in light of the whole record, and once again determine whether the dismissal of petitioner
was arbitrary and capricious.
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.
September 6, 2011 _________________________________________
t0829 Clerk