Legal Opinion · Dissent

Detroit Police Officers Ass'n v. City of Detroit

Michigan Court of Appeals

Decided March 13, 1985No. Docket 76656Published

1DissentHood, J.

I must respectfully dissent. The majority concludes that no showing of irreparable harm or inadequacy of legal remedy is necessary as a prerequisite to the issuance of an injunction to restrain a violation of MCL 423.243; MSA 17.455(43). I disagree.

Injunction is an extraordinary writ, MCR 3.301, and should only issue under extraordinary circumstances. I am not convinced that a labor dispute becomes extraordinary because it involves policemen and firemen rather than other public employees. I am also not convinced that the record before us justifies such a precipitous departure from traditional…

2Cases cited9 opinions

  1. Adams v. Iron Cliffs Co.Michigan Supreme Court · 1889
  2. School District for the City of Holland v. Holland Education Ass'nMichigan Supreme Court · 1968
  3. Michigan State Employees Ass'n v. Department of Mental HealthMichigan Supreme Court · 1985
  4. Bates v. City of HastingsMichigan Supreme Court · 1906
  5. Metropolitan Council No. 23, Local 1277 v. City of Center LineMichigan Court of Appeals · 1977

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