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MACOMB COUNTY TAXPAYERS ASS'N v. L'ANSE CREUSE PUBLIC SCHOOLS

Docket No. 104247, Calendar No. 2.

564 N.W.2d 457 (1997)

455 Mich. 1

MACOMB COUNTY TAXPAYERS ASSOCIATION, Michael Sessa, Philis DeSaele and Charles A. Anglin, Plaintiffs-Appellants, Cross-Appellees, and Dearborn Public Schools and Grosse Pointe Public Schools, Intervening Plaintiffs, v. L'ANSE CREUSE PUBLIC SCHOOLS, Center Line Public Schools, Fitzgerald Public Schools, Chippewa Valley Schools, Fraser Public Schools, Lake Shore Public Schools, Lakeview Public Schools, Roseville Community Schools, South Lake Schools, Utica Community Schools, Warren Consolidated Schools, and Warren Woods Public Schools, Jointly and Severally, Defendants-Appellees, and Michigan Department of Treasury, Michigan Department of Education, and Frank J. Kelley, Attorney General of the State of Michigan, Intervening Defendants-Appellees, Cross-Appellants.

Supreme Court of Michigan.

Decided June 25, 1997.

Attorney(s) appearing for the Case

Chapman & Associates by Ronald W. Chapman and Brian J. Richtarcik, Troy, for Plaintiffs-Appellants, Cross-Appellees.

Pollard & Albertson, P.C. by Dennis R. Pollard and Neil H. Goodman, Bloomfield, for Defendants-Appellees.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Paul J. Zimmer, Assistant Attorney General, Education Division, Lansing, for Defendants-Appellees and Cross-Appellants.

Opinion

MICHAEL F. CAVANAGH, Justice.

Under review in this appeal is the opinion of the Court of Appeals,1 holding that the relevant provision of the Headlee Amendment, Const. 1963, art. 9, § 32,2 includes attorney fees as part of the awardable costs, but that the eligible plaintiffs did not in fact incur any attorney fees. We affirm in part and reverse in part.

I

The Macomb...

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