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eBook details

• Title: Traverse City School District v. Attorney
• Author : Supreme Court of Michigan
• Release Date : January 31, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 86 KB

Description

Complaint by Traverse City School District against the Attorney General and others, seeking a declaratory judgment regarding an amendment to Const 1963, art 8, § 2 in relation to the existing shared time and auxiliary services provided by plaintiff for non-public students who reside within the school district. Request by Governor William G. Milliken, pursuant to GCR 1963, 797, for answers to certified questions concerning that constitutional amendment. St. Francis School and others intervened as defendants. Richard Henry Crampton and others intervened as plaintiffs. This case arises from a declaratory judgment suit, brought by the Traverse City School District in the 13th Circuit Court against the Attorney General, and joined by all the appropriate parties in interest, to test the validity of the Attorney General's opinion, (OAG 4715) issued on November 3, 1970, which construes Proposal C, the constitutional initiative amendment prepared by the Council Against Parochiaid, as forbidding public monies for shared time and auxiliary services and expanded by counterclaims and cross-claims to include questions of Proposal C's impact upon private fosterhomes, Title I programs under the Federal Elementary and Secondary Education Act of 1965 and tax exemptions for nonpublic schools and the Federal constitutionality of Proposal C. The case properly came before this Court pursuant to General Court Rule 797 on the request by the Governor to consider seven specific questions of public importance relating to the construction of Proposal C. This Court ordered the Grand Traverse Circuit Court to certify these seven questions, and in its discretion added an eighth related question which will not be considered here, as it became the subject matter of a companion case, Carman v. Secretary of State (1971), 384 Mich 443.

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