Howell Education Ass'n v. Howell Board of Education

Plaintiffs appeal as of right the trial court’s grant of summary disposition to defendants and dismissal of their “reverse” Freedom of Information Act (FOIA), MCL 15.231 et seq., action.1 We reverse and remand for further proceedings consistent with this opinion. While we believe the issue in this case is one that must be resolved by the Legislature, and we call upon the Legislature to address it, we conclude that under the FOIA statute the individual plaintiffs’ personal e-mails were not rendered public records solely because they were captured in a public body’s e-mail system’s digital…