STEPHEN S DOBKOWSKI JR V JOHN B O'REILLY JR

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STATE OF MICHIGAN COURT OF APPEALS STEPHEN S. DOBKOWSKI, JR., UNPUBLISHED August 21, 2008 Plaintiff-Appellant, v No. 278051 Wayne Circuit Court LC No. 06-625046-AW JOHN B. O’REILLY, JR., NANCY A. HUBBARD, SUZANNE SAREINI, MARK SHOOSHANIAN, ROBERT ABRAHAM and DEARBORN CHARTER REVISION COMMISSION, Defendants-Appellees. Before: Murray, P.J., and Whitbeck and Talbot, JJ. MEMORANDUM. Plaintiff appeals as of right an order granting defendants summary disposition and denying his request for injunctive relief. We dismiss plaintiff’s appeal as moot. Plaintiff sought injunctive relief to prevent the Dearborn City Council from appointing someone to fill a position on the Dearborn Charter Commission from which plaintiff was removed for cause. On November 6, 2007, the citizens of Dearborn approved a new City Charter, which eliminated the Charter Commission. The Charter Commission held its last meeting on November 20, 2007, and was subsequently disbanded. “Where a subsequent event renders it impossible for this Court to fashion a remedy, an issue becomes moot.” In re Contempt of Dudzinski, 257 Mich App 96, 112; 667 NW2d 68 (2003). The elimination of the Charter Commission renders moot plaintiff’s issues on appeal. Although a moot issue may be considered by this Court if it is publicly significant and likely to recur yet still evade judicial review, City of Warren v Detroit; 261 Mich App 165, 166 n 1; 680 NW2d 57 (2004), that exception is not applicable to plaintiff’s claims. Plaintiff’s appeal is dismissed as moot. /s/ Christopher M. Murray /s/ William C. Whitbeck /s/ Michael J. Talbot -1-

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