Safiedine v. City of Ferndale

Order Michigan Supreme Court
Lansing, Michigan

September 24, 2008 Clifford W. Taylor,
Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver
136406 Marilyn Kelly

Maura D. Corrigan

Robert P. Young, Jr.

JAMAL SAFIEDINE, Stephen J. Markman,

Plaintiff, Justices

and
JSC CORPORATION, MTK FAMILY

INVESTMENT and MTK FAMILY

INVESTMENT, LLC,

Plaintiffs-Appellants,
v SC: 136406
COA: 272518
Oakland CC: 2006-072961-CD
CITY OF FERNDALE,

Defendant-Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the April 1, 2008
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we AFFIRM the judgment of the Court of Appeals in
part, but VACATE, as dicta, the holding that “the [Elliott-Larsen civil rights act, MCL
37.2101 et seq.,] substantive antidiscrimination provisions that grant rights and
protections apply only to natural, not juridical, persons.” Safiedine v City of Ferndale,
278 Mich App 476, 481 (2008). The only issue before the court was whether juridical
persons could state a cognizable claim for a violation of MCL 37.2302. The court
correctly held that the corporate plaintiffs, as juridical persons, could not state a claim for
a violation of § 302 because that section only protects “an individual.” However,
whether other provisions of the civil rights act permit such claims was not before the
court. Compare MCL 37.2302 (prohibiting conduct against an “individual”) with MCL
37.2502(1)(a) (prohibiting conduct against “a person”) and MCL 37.2504(2) (same) and
with MCL 37.2103(g) (defining a “person” as a “corporation”).

CAVANAGH and KELLY, JJ., would grant leave to appeal.

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 24, 2008 _________________________________________
d0917 Clerk