Terry Lee Ellison v. Department of State
336759
| Mich. Ct. App. | Jun 13, 2017Background
- Ellison appeals the Court of Claims’ summary-disposition ruling in a FOIA case against the Michigan Department of State.
- The March 31, 2016 license-plate cancellation due to unverifiable insurance was reversed, reinstating Ellison’s plate after staff interactions.
- On July 6, 2016 Ellison submitted a FOIA request with two parts: (1) data on registrants with unverifiable insurance; (2) paper copies of the letters sent.
- The Department denied the first request as nonresponsive and refused the second for lack of a record-lookup form and unpaid fees.
- The Court of Claims held no existing public record for part (1) and denied part (2) due to fee nonpayment; Ellison appealed on FOIA interpretation and fee grounds.
- The Michigan Court of Appeals reviews de novo and interprets FOIA and related statutes to discern legislative intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the insurance database is a public record under FOIA | Ellison: database itself is a writing/public record | Michigan Department: no existing public record or need to create one | There is a question of fact about copying the database vs creating a new record; database can be a public record |
| Whether the MVC/fee framework governs disclosure of the database | FOIA fee applies and database should be disclosed | MVC controls; per-record fee applies; FOIA fee does not | MVC fee applies; per-record charge prohibits providing the entire database without payment |
| Whether the appropriate fee for responding to the request was paid | Ellison paid none or insufficient fees under FOIA | Proper MVC-fee regime required; FOIA fee not applicable | Failure to pay required MVC fee supports denial of the records |
Key Cases Cited
- Herald Co v Bay City, 463 Mich 111 (2000) (de novo review; statutory interpretation guides FOIA outcomes)
- City of Warren v Detroit, 261 Mich App 165 (2004) (electronic writings include electronic copies; records stored in computers are writings)
- Farrell v Detroit, 209 Mich App 7 (1995) (electronic copies trigger FOIA access; but not required to create new records)
- Michigan v McQueen, 811 NW2d 513 (2011) (disjunctive choices between FOIA and MVC; analysis of statutory interpretation)
- Walters v Nadell, 481 Mich 377 (2008) (mandatory 'shall' language; statutory duties enforceable)