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Galien Township School District v. Department of Education

Supreme Court of Michigan

February 3, 2015

GALIEN TOWNSHIP SCHOOL DISTRICT, Plaintiff-Appellant,
v.
DEPARTMENT OF EDUCATION and SUPERINTENDENT OF PUBLIC INSTRUCTION, Defendants-Appellees and DELTON-KELLOGG SCHOOLS, Plaintiff-Appellee,

COA: 317739. Ingham CC: 13-000367-AA.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the August 14, 2014 judgment of the Court of Appeals is considered. Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals instruction to remand this case to the Ingham Circuit Court for reinstatement of the Superintendent of Public Instruction's March 14, 2013 final decision. We REMAND this case to the Court of Appeals to expressly address plaintiff Galien Township School District's alternative arguments for overturning the Superintendent's decision, which were not addressed by that court during its initial review of the case. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

We do not retain jurisdiction.


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