Fellows v. Michigan Commission for the Blind, 305 Mich. App. 289

The Michigan blind and visually disabled person’s act creates the Michigan Commission for the Blind, an agency with powers delegated by the Legislature.
Petitioner Ronald Fellows, a blind vendor, operated a concession at Cadillac Place from 2005 to 2008 under the Act.
Cadillac Place also housed sighted concessions; Fellows faced competition from Star Pharmacy and other operators under existing leases.
Fellows sought administrative remedies and contested hearings but did not request monetary damages during the proceedings.
The trial court awarded Fellows damages, the circuit court reversed, and the Michigan Supreme Court ultimately held the Commission lacks authority to award monetary damages.
The Court concluded that MCL 393.358 does not authorize monetary damages and that no other provision grants such power; remedies under the Act include nonmonetary relief and administrative processes.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does the Act authorize monetary damages by the Commission?	Fellows argues the Act implies monetary damages power.	The Commission argues no express or implied authority to award damages exists.	No express or implied authority to award damages.

Romulus v Dep't of Environmental Quality, 260 Mich App 54 (2003) (deference to agency findings; statutory interpretation guidance)
Fisher Sand & Gravel Co v Neal A Sweebe, Inc, 494 Mich 543 (2013) (plain language governs; strict interpretation of statutes)
Herrick Dist Library v Library of Mich, 293 Mich App 571 (2011) (statutory authority must be clear; implied powers limited)
In re Complaint of Rovas Against SBC Michigan, 482 Mich 90 (2008) (agency interpretations not binding if conflict with Legislature)
TMW Enterprises Inc v Dep’t of Treasury, 285 Mich App 167 (2009) (agency interpretation given respectful consideration; not controlling)
York v Detroit (After Remand), 438 Mich 744 (1991) (statutory interpretation and scope of agency authority)