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Legal Opinion · Concurring in part, dissenting in part

Detroit Fire Fighters Ass'n v. City of Detroit

Michigan Supreme Court

Decided August 15, 1995No. 96430, (Calendar No. 7)Published

1Concurring in part, dissenting in partCavanagh, J.

I concur with Justice Mallett with respect to the standing issue and agree that the plaintiffs do have standing. However, I disagree with him with respect to the impoundment of funds issue. Because this is an issue that may recur, I agree that we should address this issue. Therefore, I dissent on the standing issue. I concur with the lead opinion that the mayor’s actions here violated the separation of powers doctrine. I write separately to offer a clarification of the boundaries of executive discretion.

*651I

In House Speaker v Governor, 443 Mich 560, 572; 506 NW2d 190 (1993), this Court restated…

2Cases cited12 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Colorado General Assembly v. LammSupreme Court of Colorado · 1985
  3. House Speaker v. GovernorMichigan Supreme Court · 1993
  4. Rios v. SymingtonArizona Supreme Court · 1992
  5. County of Oneida v. BerleNew York Court of Appeals · 1980

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