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OMDAHL v. WEST IRON COUNTY BD. OF EDUC.

No. 131926.

733 N.W.2d 380 (2007)

478 Mich. 423

Torger G. OMDAHL, Plaintiff-Appellee, v. WEST IRON COUNTY BOARD OF EDUCATION, Robert Han, M.D., James Quayle, Donald Autio, James Burkland, Eric Malmquist, Beth Vezzetti and Christine Shamion, Defendants-Appellants.

Supreme Court of Michigan.

June 27, 2007.

Attorney(s) appearing for the Case

Fisher & Omdahl (by Torger G. Omdahl), Iron River, for the plaintiff.

Basso & Basso Legal Services, LLC (by Sara J. Basso), Iron River, for the defendant.

Brad A. Banasik, for the Michigan Association of School Boards, the Michigan Municipal League, and the Public Corporation Law Section of the State Bar of Michigan, amici curiae.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Thomas Quasarano, Assistant Attorney General, for the Attorney General, amicus curiae.

TAYLOR, C.J.

At issue in this case is whether a pro se litigant, who is also an attorney, may recover "court costs and actual attorney fees," MCL 15.271(4), after he or she brings a successful action under the Open Meetings Act. We conclude that because an attorney is defined as an agent of another person, there must be separate identities between the attorney and the client before the litigant may recover actual attorney...

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