Barrow v. Detroit Mayor
290 Mich. App. 530
| Mich. Ct. App. | 2010Background
- Barrow sought a quo warranto proceeding to challenge Detroit Mayor Bing’s 2009 election win.
- Appellant filed an emergency application for leave to file under MCL 600.4505 after recounts and investigations.
- Wayne County canvassers certified Bing winner on Nov. 16, 2009; recount petition was approved but not completed.
- recount occurred Dec. 9, 2009; numerous later meetings addressed appellant’s challenges through Dec. 2009.
- April–May 2010: trial court denied leave; court held appellant failed to plead sufficient facts warranting inquiry by quo warranto.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether leave to file quo warranto was properly denied | Barrow argues sufficient merit to justify inquiry under MCL 600.4505 | Barrow failed to plead specific facts showing usurpation or sufficient irregularities | Yes; leave properly denied. |
| Interpretation of MCL 600.4505 vs 600.4545 pleading requirements | Barrow relied on traditional quo warranto theory alleging usurpation | Appellant did not plead precise, definite facts; no statutory fraud claim | MCL 600.4505 governs usurpation; 600.4545 requires a showing of material fraud or error. |
| Sufficiency of factual allegations to justify further inquiry | Allegations show massive irregularities; enough to merit investigation | Allegations are conclusory; lack specific facts of tampering or violations | Court affirmed denial; allegations insufficient to warrant inquiry. |
Key Cases Cited
- Boucha v Alger Circuit Judge, 159 Mich 610 (Mich. 1910) (precise, positive showing required to intervene in election results)
- Vrooman v Michie, 69 Mich 42 (Mich. 1888) (leave of court requires responsible showing of title and entitlement)
- Kearney (People ex rel Wexford Co Prosecuting Attorney v. Kearney), 345 Mich 680 (Mich. 1956) (quo warranto extent; 600.4505 guidance on fraud-free challenge)
- Risk v. Lincoln Charter Twp Bd. of Trustees, 279 Mich App 389 (Mich. App. 2008) (claims in the nature of quo warranto; standard for leave decisions)
- St Joseph Twp v City of St Joseph, 373 Mich 1 (Mich. 1964) (definition of material fraud or error under 600.4545)
- Penn Sch Dist No 7 v Lewis Cass Intermediate Sch Dist Bd of Ed, 14 Mich App 109 (Mich. App. 1968) (standing vs pleading in 600.4545 context; merit questioning)