Filed Date: June 22, 2011
Closed Date: 2012
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On June 22, 2011, 34 named plaintiffs, all residents of the State of Michigan, filed suit in Ingham County Circuit Court against Governor Rick Synder and Andrew Dillon in his capacity as Treasurer of the State of Michigan. The complaint alleges that the Local Government and School District Fiscal Accountability Act, which allows for the appointment of emergency city and school board managers, violates the plaintiffs’ right to an elected republican form of government under the Constitution of the State of Michigan.
The Act, commonly known as the emergency financial manager law, gave the governor the power to declare a local government or school district to be in a state of “financial emergency.” If the governor determined that said entity did not have a satisfactory plan to resolve the emergency, the act further empowered him or her to appoint an emergency financial manager who would act in place of the local governing body. The law empowered the unelected emergency manager to unilaterally repeal existing laws and ordinances, enact new laws or ordinances, and act in violation of city or school board charters.
The complaint contained five counts outlining the specific ways in which the Act undermines the Michigan Constitution and violates the rights of its citizens.
On November 6, 2012, the voters of Michigan repealed the Act via voter referendum rendering this case moot. A month later, the Michigan State Legislature passed a revised emergency manager law which was subsequently signed by the Governor on December 26, 2012.
Plaintiffs’ counsel filed a direct follow-up complaint (Phillips v. Snyder) in U.S. District Court for the Eastern District of Michigan. This case can be found on this Clearinghouse here.
Summary Authors
Andrew Plague (2/12/2018)
Phillips v. Snyder, Eastern District of Michigan (2013)
Charney, Darius (New York)
Flynn, Keith D. (Michigan)
Goodman, William Harry (Michigan)
Hurwitz, Julie H. (Michigan)
Mack, Richard G. (Michigan)
Markman, Stephen J. (Michigan)
Last updated Aug. 30, 2023, 3:01 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Michigan
Case Type(s):
Key Dates
Filing Date: June 22, 2011
Closing Date: 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Thirty four residents of the State of Michigan who allege that their right to an elected republican form of government under the Constitution of the State of Michigan was violated.
Plaintiff Type(s):
Attorney Organizations:
Center for Constitutional Rights (CCR)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Voting: