Opinion, Duncan v. State of Michigan, COA 278652, 278858, 278860

Opinion, affirming trial court orders: denying defendants' motion for summary judgment in 278652, denying defendants' motion for summary judgment in 278858, and granting class certification in docket 278860; "holding that defendants are not shielded by governmental immunity, that defendants are proper parties, that the trial court, not the Court of Claims, has jurisdiction and authority to order declaratory relief, prohibitory injunctive relief, and some level of mandatory injunctive relief, the full extent of which we need not presently define.  We further hold that, on the basis of the pleadings and at this juncture in the lawsuit, plaintiffs have sufficiently alleged facts that, if true, establish standing, establish that the case is ripe for adjudication, and state claims upon which declaratory and injunctive relief can be awarded.  Finally, we hold that the trial court properly granted the motion for class certification."

Author/Organization: Court of Appeals
Publication Date: 06/11/2009

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