DONALD S DURANT V STATE OF MICHIGAN
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STATE OF MICHIGAN
COURT OF APPEALS
DONALD S. DURANT, et al.,
FOR PUBLICATION
May 10, 2002
9:25 a.m.
Plaintiffs,
v
No. 230859
STATE OF MICHIGAN, DEPARTMENT OF
EDUCATION, STATE OF MICHIGAN,
DEPARTMENT OF MANAGEMENT AND
BUDGET, and TREASURER OF THE STATE
OF MICHIGAN,
Defendants.
Updated Copy
August 16, 2002
Before: Neff, P.J., and Sawyer and Fitzgerald, JJ.
FITZGERALD, J. (concurring).
I agree that the legal conclusion reached by Judge Sawyer is supported by the strict
language of Const 1963, art 9, ยง 11 (Proposal A). I write separately, however, because I share in
Judge Neff's concern that the conclusion does not comport with the common understanding of
the voters who approved Proposal A. However, as Judge Neff has aptly noted, the interpretation
that the great mass of the people themselves would give Proposal A is of no regard where the
text of the constitutional provision is unambiguous.
/s/ E. Thomas Fitzgerald
-1-
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