Adair v. Michigan
827 N.W.2d 740
Mich. Ct. App.2012Background
- This is an original action on remand to determine costs under Const 1963 art 9, § 32 after Headlee challenges.
- Special master reviewed cost claims; court declines to award attorney fees; issues with hours and phase-based evidence.
- Phase I and Phase II proofs for recordkeeping costs deemed insufficient to prove reasonable hours expended.
- Phase III postjudgment costs for maintaining the suit and implementing relief are denied as not within § 32 scope.
- Court adopts Smith v Khouri framework for determining reasonable attorney fees but limits analysis to hours proven.
- Macomb Co Taxpayers v L Arise Creuse Pub Sch informs that costs under § 32 include all reasonable expenses, not just taxable costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of hours for Phase I | Pollard/Kroopnick claim hours expended were reasonable. | Plaintiffs failed to prove hours attributable to recordkeeping; evidentiary record insufficient. | Hours not proven; no attorney fees for Phase I. |
| Reasonableness of hours for Phase II | Hours reasonable and necessary to maintain the suit. | Meager evidentiary record; testimony insufficient to prove hours. | No attorney fees for Phase II. |
| Scope of costs under § 32 postjudgment | Costs include all expenses necessary to maintain the suit, including postjudgment proceedings. | Postjudgment activities are not within the ‘maintain such suit’ scope. | No attorney fees for Phase III; postjudgment costs not awarded. |
| What costs are recoverable under § 32 | All actual costs incurred in pursuing recordkeeping claim. | Costs limited to traditional taxable costs under RJA. | Refer to special master to reopen proofs; Macomb Co Taxpayers guides broader scope, but proceed with recalculation. |
| Disqualification-related costs | Costs for disqualification motion were reasonable and necessary. | Motion not necessary to maintain the recordkeeping claim; other motions not tied to phase III. | No costs awarded for disqualification or related reconsideration efforts. |
Key Cases Cited
- Adair v Michigan, 486 Mich 468 (2010) (costs include reasonable attorney fees under § 32)
- Macomb Co Taxpayers Ass’n v L Arise Creuse Pub Sch, 455 Mich 1 (1997) (costs under § 32 include all expenses, not just taxable costs; analyses of voters’ intent)
- Smith v Khouri, 481 Mich 519 (2008) (framework for determining reasonable attorney fees under fee-shifting provisions)
- Durant v Dep’t of Ed, 186 Mich App 83 (1990) (precedent for fee and cost considerations under § 32)
- Haliw v Sterling Hts, 471 Mich 700 (2005) (trial-oriented view of costs; informs interpretation of § 32)
- Durant v State Bd of Ed (Durant I), 424 Mich 364 (1985) (notes on voters' intent and costs concept under Headlee)