Case: Brown v. Snyder

11-00685 | Michigan state trial court

Filed Date: June 22, 2011

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On June 22, 2011, 34 named plaintiffs, all residents of the State of Michigan, filed suit in Ingham County Circuit Court against Governor Rick Synder and Andrew Dillon in his capacity as Treasurer of the State of Michigan. The complaint alleges that the Local Government and School District Fiscal Accountability Act, which allows for the appointment of emergency city and school board managers, violates the plaintiffs’ right to an elected republican form of government under the Constitution of th…

On June 22, 2011, 34 named plaintiffs, all residents of the State of Michigan, filed suit in Ingham County Circuit Court against Governor Rick Synder and Andrew Dillon in his capacity as Treasurer of the State of Michigan. The complaint alleges that the Local Government and School District Fiscal Accountability Act, which allows for the appointment of emergency city and school board managers, violates the plaintiffs’ right to an elected republican form of government under the Constitution of the State of Michigan.

The Act, commonly known as the emergency financial manager law, gave the governor the power to declare a local government or school district to be in a state of “financial emergency.” If the governor determined that said entity did not have a satisfactory plan to resolve the emergency, the act further empowered him or her to appoint an emergency financial manager who would act in place of the local governing body. The law empowered the unelected emergency manager to unilaterally repeal existing laws and ordinances, enact new laws or ordinances, and act in violation of city or school board charters.

The complaint contained five counts outlining the specific ways in which the Act undermines the Michigan Constitution and violates the rights of its citizens.

On November 6, 2012, the voters of Michigan repealed the Act via voter referendum rendering this case moot. A month later, the Michigan State Legislature passed a revised emergency manager law which was subsequently signed by the Governor on December 26, 2012.

Plaintiffs’ counsel filed a direct follow-up complaint (Phillips v. Snyder) in U.S. District Court for the Eastern District of Michigan. This case can be found on this Clearinghouse here.

Summary Authors

Andrew Plague (2/12/2018)

Related Cases

Phillips v. Snyder, Eastern District of Michigan (2013)

People


Judge(s)

Markman, Stephen J. (Michigan)

Attorneys(s) for Plaintiff

Charney, Darius (New York)

Flynn, Keith D. (Michigan)

Goodman, William Harry (Michigan)

Hurwitz, Julie H. (Michigan)

Mack, Richard G. (Michigan)

Paris, Anthony D. (Michigan)

Philo, John C. (Michigan)

Sanders, Herbert A. (Michigan)

Stump, Brandon M. (Michigan)

Judge(s)

Markman, Stephen J. (Michigan)

Attorneys(s) for Plaintiff

Charney, Darius (New York)

Flynn, Keith D. (Michigan)

Goodman, William Harry (Michigan)

Hurwitz, Julie H. (Michigan)

Mack, Richard G. (Michigan)

Paris, Anthony D. (Michigan)

Philo, John C. (Michigan)

Sanders, Herbert A. (Michigan)

Stump, Brandon M. (Michigan)

Expert/Monitor/Master

Snyder, Allen R. (District of Columbia)

Documents in the Clearinghouse

Document

Press Release

No Court

June 22, 2011

June 22, 2011

Press Release

11-00685

First Amended Complaint for Declaratory and Injunctive Relief

June 22, 2011

June 22, 2011

Complaint

11-00068

Executive Message of Governor Rick Snyder

No Court

Aug. 12, 2011

Aug. 12, 2011

Press Release

SC: 143563

Order ( “[t]he Executive Message remains under consideration.”)

Brown v. Snyder/ In Re Executive Message of the Governor

Michigan state supreme court

807 N.W.2d 302

Jan. 27, 2012

Jan. 27, 2012

Order/Opinion

Resources

Docket

Last updated July 28, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: June 22, 2011

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Thirty four residents of the State of Michigan who allege that their right to an elected republican form of government under the Constitution of the State of Michigan was violated.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Michigan, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Challenges to at-large/multimember district/election

Election administration

Vote decision rules