Adair v. Michigan

There are generally two issues implicated in this *112appeal. First, we asked the parties to address “which party has the burden of proving underfunding of a legislative mandate in a challenge under Const 1963, art 9, § 29” and the elements of such a claim. Adair v Michigan, 495 Mich 937, 937-938 (2014). This first issue involves a plaintiffs burden of proof in showing that the state underfunded “[a] new activity or service or an increase in the level of any activity or service beyond that required by existing law” for the purposes of the second provision of the Headlee Amendment, commonly…