Office Planning Group, Inc v. Baraga-Houghton-Keweenaw Child Development Board

I agree with the majority that our state courts have jurisdiction over plaintiffs claim under the federal Head Start Act, 42 USC 9831 et seq. However, I disagree with its conclusion that the act, at 42 USC 9839(a), does not provide a private cause of *511action. The statutory language, the focus of the legislation, its history, and its purpose imply a congressional intent to allow private actions. Therefore, I would find such a right and affirm the decision of the Court of Appeals.

DEFENDANT’S VARIOUS JURISDICTIONAL CHALLENGES

Defendant raises a variety of jurisdictional arguments on appeal. It…