Webb A. Smith (P20718) | Foster, Swift, Collins & Smith P.C. | 313 S. Washington Square | Lansing, MI 48933 | 517-371-8100

Michigan Municipal League Legal Defense Fund (LDF) and Michigan Townships Association (MTA) joined Michigan Association of Counties (MAC) brief.

This case presents compelling grounds for this Court to exercise its discretion to grant leave to appeal or take other action under MCR 7.302(G). The attorney fee issue involves legal principles of major significance to Michiganjurisprudence. MCR 7.302(B)(3). The Court of Appeals’ decision is also inconsistent with this Court’s decision on the merits in this case, as well as other relevant precedent; and the Court of Appeals’ decision is clearly erroneous and will cause material injustice
in this case and other cases that can be expected to follow. MCR 7.302(B)(5). If left uncorrected, this case will (1) undermine the public’s confidence in the courts, (2) reduce the ability of municipalities to serve the public, and (3) usurp the legislative authority of judicial funding units in contravention of the required separation of governmental powers under
Michigan’s Constitution. Accordingly, this Court should (1) correct the Court of Appeals’ departure from the standards that this Court recognized and applied in this case, as well as prior inherent power and public employees benefits cases, and (2) clarify the law to provide guidance and avoid future litigation.

On order of the Court, the motion for reconsideration of this Court’s orders of March 21, 2008 is considered, and it is DENIED, because it does not appear that the orders were entered erroneously. The motion for clarification is DENIED. The language in the March 21, 2008 orders precluding the award of costs clearly pertains to costs that might otherwise be awardable under MCR 7.318(B).