Order Michigan Supreme Court
Lansing, Michigan
December 8, 2006 Clifford W. Taylor,
Chief Justice
129409 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
DIANE BUKOWSKI and MICHIGAN CITIZEN, Robert P. Young, Jr.
Plaintiffs-Appellees, Stephen J. Markman,
Justices
v SC: 129409
COA: 256893
Wayne CC: 02-242574-CZ
CITY OF DETROIT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 26, 2005
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(G)(1). At oral argument, the parties shall address whether the Court of Appeals
erred in instructing the Wayne Circuit Court, on remand, that the Freedom of Information
Act “frank communications” exemption, MCL 15.243(1)(m), does not apply to
communications that are no longer preliminary to an agency determination of policy or
action, even if the communications were preliminary at the time that they were made.
The parties may file supplemental briefs within 42 days of the date of this order, but they
should avoid submitting a mere restatement of the arguments made in their application
papers.
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, 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 8, 2006 _________________________________________
p1205 Clerk