Board of Education v. Superintendent of Public Instruction

The Oakland County School District seeks a writ of mandamus from this Court ordering the Superintendent of Public Instruction and Allison Green, State Treasurer, to perform ministerial responsibilities of designating and paying to plaintiff sums of money allegedly due them pursuant to § 16a(5) of the school aid act, MCLA 388.626a(5); MSA 15.1919(66a) (5)._

Defendants argue that the provisions of § 16a(5) of the act as set forth in a 1970 amendment to the act do not serve to "appropriate” the monies stated because appropriation items must be submitted to the Governor for passage annually and §…