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GWINN AREA COMMUNITY SCHOOLS v. STATE OF MICH.

No. M82-199 CA2.

574 F.Supp. 736 (1983)

GWINN AREA COMMUNITY SCHOOLS, a Michigan governmental body; Derek Swajanen, by Donald Swajanen, his Next Friend; Dr. Allen Ahola, individually as a taxpayer and property owner; Bark River-Harris Schools, a Michigan governmental body; Jason Wanic, by Lawrence Wanic, his Next Friend; and Gerald Sundquist, individually as a taxpayer and property owner, Plaintiffs, v. STATE OF MICHIGAN; State Board of Education, and Phillip E. Runkel, Superintendent of Public Instruction; United States of America; United States Department of Defense, and Caspar W. Weinberger, Secretary of Defense; United States Department of Interior, and James Watt, Secretary of the Department of the Interior; the United States Department of Education, and Terrel H. Bell, Secretary of the Department of Education, Defendants.

United States District Court, W.D. Michigan, N.D.

September 1, 1983.

Attorney(s) appearing for the Case

Dennis Valkanoff, Butch, Quinn, Rosemurgy, Jardis & Valkanoff, Escanaba, Mich., for plaintiffs.

John Smietanka, U.S. Atty., Grand Rapids, Mich., and Vincent M. Garvey and Ann M. Sheadel, Dept. of Justice, Civil Division, Washington, D.C., Frank J. Kelley, Atty. Gen., State of Mich. by Gerald Young and Paul Zimmer, Lansing, Mich., for defendants.

OPINION

HILLMAN, District Judge.

I. INTRODUCTION

This is an action for declaratory and injunctive relief challenging, on federal and state statutory and constitutional grounds, the validity of the "equalization formula" contained in the Michigan State School Aid Act of 1979, M.C.L.A. § 388.1621. Under the equalization formula, the State considers "federal impact aid," provided to local school districts affected by certain federal activities...

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