Order Michigan Supreme Court
Lansing, Michigan
December 27, 2007 Clifford W. Taylor,
Chief Justice
134631 & (68) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
JAMES LEWIS, Robert P. Young, Jr.
Petitioner-Appellant, Stephen J. Markman,
Justices
v SC: 134631
COA: 261349
State Tenure Comm: 04-000008
BRIDGMAN PUBLIC SCHOOLS,
Respondent-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the May 8, 2007
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals
because the teacher tenure act, MCL 38.101 et seq., does not require the State Tenure
Commission to apply a “clear error,” rather than a “de novo,” standard of review to its
consideration of the preliminary decisions of administrative law judges. We REMAND
this case to the Court of Appeals for consideration of whether the Commission’s decision
was arbitrary, capricious, or an abuse of discretion; or unsupported by competent,
material, and substantial evidence on the whole record. See Const 1963, art 6, § 28;
MCL 24.306(1)(d), (e). The motion for stay is DENIED.
We do not retain jurisdiction.
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.
December 27, 2007 _________________________________________
p1219 Clerk