Bay County Executive v. Bay County Board of Commissioners

Plaintiff, Bay County Executive Gary Majeske, appeals as of right from an order of the Bay Circuit Court dismissing a complaint seeking relief in the form of a declaratory judgment, a writ of mandamus and a preliminary injunction against defendants, Bay County Board of Commissioners and Bay County Prosecuting Attorney George Mullison. We reverse the order of dismissal issued by the circuit court and hold that the Bay County Board of Commissioners had no authority under the county civil counsel act, 1941 PA 15, MCL 49.71 et seq.; MSA 5.824 et seq., to eliminate the Bay County Department of…