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JUDICIAL ATTORNEYS ASS'N v. STATE

Docket Nos. 111785, 111786, Calendar Nos. 9, 5.

597 N.W.2d 113 (1999)

460 Mich. 590

JUDICIAL ATTORNEYS ASSOCIATION, Plaintiff-Appellees, and Government Administrators Association, Plaintiffs-Appellees, and Cross-Appellants, v. STATE of Michigan, Governor, Attorney General, Defendants-Appellants, and County of Wayne and Wayne County Board of Commissioners, Defendants and Cross Plaintiffs. Mayor of the City of Detroit, and the City of Detroit, Plaintiffs-Appellants, v. State of Michigan, and the Michigan Department of Management and Budget, Defendants-Appellees.

Supreme Court of Michigan.

Reargued May 5, 1999.

Decided July 20, 1999.

Attorney(s) appearing for the Case

City of Detroit Law Department (by Phyllis A. James, Corporation Counsel, Joanne D. Stafford, Chief Assistant Corporation Counsel, and Dennis A. Mazurek, Supervising Assistant Corporation Counsel), Detroit; Dickinson, Wright, P.L.L.C. (by Peter H. Ellsworth, Joseph C. Marshall, III, and Jeffery V. Stuckey), Lansing, for the plaintiffs-appellants City of Detroit.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Deborah Anne Devine and Matthew H. Rick, Assistant Attorneys General, Lansing, for defendants-appellees state of Michigan.

Edward Ewell, J., Wayne County Corporation Counsel, Detroit; Fink Zausmer, P.C. (by David H. Fink, Gary K. August, Ruben Acosta, and Amy M. Sitner), Farmington Hills, for defendants/cross-plaintiffs/appellants, Wayne County and Wayne County Board of Commissioners.

Opinion

TAYLOR, J.

In these appeals, the city of Detroit and Wayne County challenge certain provisions of 1996 P.A. 374, a court reorganization act, on the basis that they violate Const.1963, art. 9, § 29 (the Headlee Amendment). We conclude that Act 374 neither imposes new activities nor increases the level of activities on local units. Further, because in 1978 and under Act 374, the state's only contribution to the activity at issue relates to the...

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