Nummer v. Department of Treasury

(dissenting.) We disagree with the majority and would hold that the doctrine of collateral estoppel does not apply to Civil Service Commission decisions because the Legislature intended the Civil Rights Act to abrogate the common-law rules of preclusion. Thus, we would affirm the decision of the Court of Appeals and allow the plaintiff to relitigate issues of discrimination in *557circuit court following a final determination by the Civil Service Commission.

i

Generally, collateral estoppel applies to an administrative agency’s final decision. Lilienthal v City of Wyandotte, 286 Mich 604; 282 NW…