Gallagher v. Secretary of State

We granted rehearing in this case on application by plaintiff-appellee in order to broaden the base of our previous opinion which was decisionally bottomed on the appellee’s failure to exhaust his administrative remedies. It is reported at 52 Mich App 416; 217 NW2d 446 (1974).

First, we deem it advisable to explain more fully our statement in our first opinion that:

"[C]ourts cannot act in restraining administrative proceedings until the remedies thereunder have been exhausted.” 52 Mich App at 420.

Failure to explain the statement would suggest conflict with Williams v North Carolina, 33 Mich…