Legal Opinion · Concurrence

Greenfield Construction Co. v. Department of State Highways

Michigan Supreme Court

Decided January 25, 1978No. 56686, (Calendar No. 1)Published

1ConcurrenceFitzgerald, J.

I am signing Justice Ryan’s opinion and concur that the contract specifications are not "rules” within the meaning of the Administrative Procedures Act of 1969, MCL 24.201 et seq.; MSA 3.560(101) et seq., that the circuit court erroneously asserted jurisdiction of this case; and that whether or not the Court of Claims has declaratory judgment power is not an issue in this case.

I would add, in agreement with Justice Cole*201man, and for the reasons she stated, that Greenfield should be permitted to file its claim in the Court of Claims even if the statutory limitation period has run.

Levin, J.

Greenf…

2Cases cited26 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  3. United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
  4. Morton v. RuizSupreme Court of the United States · 1974
  5. Service v. DullesSupreme Court of the United States · 1957

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