Coalition for a Safer Detroit v. Detroit City Clerk

MARKEY, EJ.

(dissenting). I respectfully dissent. It is plaintiff that seeks judicial interference with the political legislative process. I agree with the trial court that plaintiff failed to meet its burden of proof to establish that defendants had a clear legal duty to certify a ballot question to adopt a city ordinance that is clearly contrary to state law. For this reason, I would affirm.

The issuance of a writ of mandamus is an extraordinary remedy, and whether it issues is within the discretion of the court. Citizens Protecting Michigan’s Constitution v Secretary of State, 280 Mich App…