Legal Opinion · Dissent

Payne v. Muskegon

Michigan Supreme Court

Decided March 29, 1994No. 94486, (Calendar No. 6)Published

1DissentLevin, J.

The question presented concerns the scope of judicial review of a decision of a municipal civil service commission. I would hold that a decision to discharge a civil service employee after a hearing is subject to judicial *719review, pursuant to Const 1963, art 6, § 28,1 to determine whether it is supported by competent, material, and substantial evidence on the whole record, and not merely to determine whether there is any evidence to support the decision.

I would also hold that the circuit judge did not err in ordering that Marcia Payne be restored to her former position.

A

The Board of Civil…

2Cases cited20 opinions

  1. National Labor Relations Board v. Curtin Matheson Scientific, Inc.Supreme Court of the United States · 1990
  2. Michigan Employment Relations Commission v. Detroit Symphony Orchestra, IncMichigan Supreme Court · 1974
  3. Viculin v. Department of Civil ServiceMichigan Supreme Court · 1971
  4. Dearden v. City of DetroitMichigan Supreme Court · 1978
  5. Puritan-Greenfield Improvement Ass'n v. LeoMichigan Court of Appeals · 1967

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