Legal Opinion · Dissent

Lee v. MacOmb County Board of Commissioners

Michigan Court of Appeals

Decided July 27, 1999No. Docket 183567, 188155Published

1DissentJ. W. Fitzgerald, J.

I respectfully dissent.

Standing to obtain mandamus against a public body or public official requires the plaintiff to establish the violation of a positive legal right, or breach of a legal *337duty, resulting in damage or a specific injury to the plaintiff that is distinct from that suffered by the general public. Inglis v Public School Employees Retirement Bd, 374 Mich 10, 12-13; 131 NW2d 54 (1964); Univ Medical Affiliates, PC v Wayne Co Executive, 142 Mich App 135, 143, n 1; 369 NW2d 277 (1985). In these cases, I conclude that plaintiffs lack standing to obtain mandamus against Macomb County…

2Cases cited9 opinions

  1. Teasel v. Department of Mental HealthMichigan Supreme Court · 1984
  2. Taylor v. Ottawa Circuit JudgeMichigan Supreme Court · 1955
  3. Inglis v. Public School Employees Retirement BoardMichigan Supreme Court · 1964
  4. University Medical Affiliates, PC v. Wayne County ExecutiveMichigan Court of Appeals · 1985
  5. Kosiba v. Wayne County Board of AuditorsMichigan Supreme Court · 1948

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