Lewis v. Bridgman Public Schools

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