Kortering v. Muskegon

This is a class action 1 brought by plaintiffs to compel the City of Muskegon to provide paid and trained guards at various highway crosswalks in the City to assist children at such crosswalks as they proceed to and from their schools. For many years prior to the 1971-72 school year defendant had utilized trained crossing guards. Plaintiffs appeal from the trial court’s summary dismissal of their complaint.

Because of the nature of plaintiffs’ requested relief, i.e., mandamus 2 they were burdened with a high degree of proof. A writ of mandamus will issue only if plaintiffs prove they have a…