Speicher v. Columbia Township Bd. of Trustees (Opinion on Application)
Annotate this CaseDefendants Columbia Township Board of Trustees and Columbia Township Planning Commission appealed the Court of Appeals’ decision holding that plaintiff Kenneth Speicher was entitled to an award of court costs and actual attorney fees based on his entitlement to declaratory relief under the Open Meetings Act (OMA). The Court of Appeals reached this decision only because it was compelled to do so by Court of Appeals precedent. If not for this binding precedent, the Court of Appeals would have denied plaintiff’s request for court costs and actual attorney fees on the ground that the plain language of MCL 15.271(4) does not permit such an award unless the plaintiff obtains injunctive relief. The Supreme Court agreed with the Court of Appeals that prior decisions of that court have strayed from the plain language of MCL 15.271(4). Therefore, the Court reversed the Court of Appeals opinion and order and reinstated the portion of its January 22, 2013 decision regarding court costs and actual attorney fees.
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