Legal Opinion · Concurring in part, dissenting in part

Eckstein v. Kuhn

Michigan Court of Appeals

Decided May 18, 1987No. Docket 78760Published

1Concurring in part, dissenting in partShepherd, J.

I agree with my colleagues on the Whistleblowers’ Protection Act portion of the opinion. I disagree on the question of whether the circuit *248court had jurisdiction to entertain the appeal from the decision of the Personnel Appeal Board (pab).

In Fort v Detroit, 146 Mich App 499; 381 NW2d 754 (1985), we held that there was no legislatively created avenue of direct appellate review from decisions of municipal civil service commissions but we indicated that the appropriate remedy would be an action for superintending control in circuit court. We stated in Fort that where the aggrieved party filed…

2Cases cited8 opinions

  1. Viculin v. Department of Civil ServiceMichigan Supreme Court · 1971
  2. Evans v. United States Rubber Co.Michigan Supreme Court · 1967
  3. Erlandson v. Genesee County Employees' Retirement CommissionMichigan Supreme Court · 1953
  4. First National Bank v. E. T. Barnum Wire & Iron WorksMichigan Supreme Court · 1885
  5. Marshall v. PechMichigan Court of Appeals · 1980

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