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LEE v. MACOMB COUNTY BD. OF COM'RS

Docket Nos. 114700, 115259, Calendar Nos. 4-5.

629 N.W.2d 900 (2001)

464 Mich. 726

Michael LEE, Bryan Duncil, Mary Duncil on behalf of herself and Joseph Duncil, Bryan Duncil, Kenneth Duncil, and Jon Duncil, as their Next Friend, and the class of all others similarly situated, Plaintiff-Appellees, v. The MACOMB COUNTY BOARD OF COMMISSIONERS, and the County of Macomb, Defendant-Appellants. Dennis D. Walker, on behalf of himself and Dawnell J. Walker and Melanie Walker, their Next Friend, and Dwayne Steagall, Ernest Groce, Jerry Gray, Paul Eckley, Duane Gore, Kenneth Jones, Morris Bartolotta, and the class of all others similarly situated, Plaintiffs-Appellees, v. The Wayne County Board of Commissioners and the County of Wayne, Defendants-Appellants.

Supreme Court of Michigan.

Decided July 17, 2001.

Attorney(s) appearing for the Case

Charfoos & Christensen, P.C. (by David R. Parker and J. Douglas Peters), Detroit, for the plaintiffs-appellees in Lee.

Frank Krycia, Mt. Clemens, for the defendants in Lee.

Edward Ewell, Jr., Corporation Counsel, and Ellen E. Mason, Assistant Corporation Counsel and Robert S. Gazall, Detroit, for Wayne County.

TAYLOR, J.

At issue in these two cases coming to us from Macomb and Wayne counties is whether these plaintiffs have standing to pursue actions to compel their respective county board of commissioners to levy a tax to establish a veterans' relief fund in accordance with the soldiers' relief fund act, M.C.L. § 35.21 et seq. It is uncontested that none of the plaintiffs actually had sought relief under the act...

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