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Organizations Join Motion to File Brief in Support of TMCG Headlee Lawsuit

posted Feb 14, 2018, 5:30 PM by Taxpayers for Michigan Constitutional Government
Four organizations have joined in a motion to file an amici brief in support of our lawsuit against the State: The Michigan Municipal League’s (MML) Legal Defense Fund; The Michigan Association of Counties (MAC); the Government Law Section (GLS) of the State Bar of Michigan; and the Michigan Townships Association (MTA).

The MML is a non-profit Michigan corporation whose purpose is the improvement of municipal government and administration through cooperative effort. Its membership is comprised of 521 Michigan local governments, of which 478 are also members of the MML, Legal Defense Fund. The purpose of the Legal Defense Fund is to represent the member local governments in litigation of statewide significance.

MAC is a non-profit corporation that represents all of Michigan’s 83 counties. Its purpose is to advance education, communication and cooperation among county government officials, represent the interests of counties at the state and federal level and provide legislative support on key issues affecting counties.

The GLS, which was formally known as the Public Corporation Law Section (PCLS), is comprised of approximately 636 attorneys who generally represent the interests of government corporations, including cities, villages, townships and counties, boards and commissions, and special authorities. The GLS provides education, information and analysis about issues of concern to its membership and the public. The GLS is also committed to promoting the fair and just administration of public law, and in furtherance of this purpose, participates in cases that are significant to governmental entities throughout the State of Michigan.

The MTA is a non-profit corporation whose membership consisting of over 1,230 townships within the State, joined together for the purpose of providing education, exchange of information and guidance to and among township officials to enhance the more efficient and knowledgeable administration of township government services.

The State of Michigan responded by questioning the timeliness of the amici brief and requested that the Court place limits on the length and subject matter in the brief to which Amici responded. The court granted the Amici motion and limited its brief to plaintiffs' three remaining claims to be discussed in no more than 50 pages and filed by February 15, 2018.

Our legal team withdrew without prejudice the major trunkline road claim in the lawsuit, which required further factual investigation, in order to allow the other three claims — regarding spending from Proposal A revenue, State spending paid to charter schools and State mandates — to move forward without delay, so that Michigan local governments can get relief as soon as possible.