MICHIGAN ASSOCIATION OF HOME BUILDERS, Plaintiff-Appellant,
v.
DIRECTOR OF DEPARTMENT OF LABOR & ECONOMIC GROWTH and Department of Labor & Economic Growth, Defendants-Appellees, and
Michigan Community Action Agency Association, Michigan Environmental Council, and Midwest Energy Efficiency Alliance, Intervening Defendants-Appellees.
Supreme Court of Michigan.https://leagle.com/images/logo.png
June 25, 2008.
June 25, 2008.
Attorney(s) appearing for the Case
McClelland & Anderson, L.L.P. (by Gregory L. McClelland, David E. Pierson, and Jared A. Roberts), Lansing, for the Michigan Association of Home Builders.
Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Susan Przekop-Shaw and Richard P. Gartner, Assistant Attorneys General, for the director of the Department of Labor and Economic Growth and the department.
Clark Hill, PLC (by Don L. Keskey), Lansing and Brickfield, Burchette, Ritts and Stone, PC (by Christopher G. Mackaronis), Washington, DC, for the Michigan Community Action Agency Association, the Michigan Environmental Council, and the Midwest Energy Efficiency Alliance.
Warner Norcross & Judd, LLP (by John J. Bursch and William C. Fulkerson), Grand Rapids, for the Michigan Manufacturers Association, amicus curiae.
Dickinson Wright, PLLC (by Peter H. Ellsworth and Jefferey v. Stuckey), Lansing, and Dykema Gosset, PLLC (by Lori McAllister), Lansing, for the Insurance Institute of Michigan and the Michigan Insurance Coalition, amici curiae.
Supreme Court of Michigan.
MEMORANDUM OPINION.
At issue here is whether judicial review of an administrative determination in a non-contested case is limited to the administrative record and whether the administrative record may be expanded by a remand to the administrative agency for additional fact-finding. The Court of Appeals held that judicial review of an administrative rule is limited to the administrative record, but stated that the trial...
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