822 N.W.2d 221
Mich.2012Background
- Michigan Supreme Court granted leave to appeal, then vacated the February 1, 2012 order and denied leave to appeal the July 14, 2011 Court of Appeals judgment.
- Dispute centers on who has standing to sue: the LSEA prudential standing rule versus the pre-LSEA constitutional standing test.
- Plaintiff-appellee involves Timothy Ader and Mary Beth Kelly against Delta College Board of Trustees; Court of Appeals had reversed trial court on standing after remand for LSEA consideration.
- The majority emphasizes separation of powers and the judiciary’s traditional “case or controversy” requirement; overexpansion of standing could empower the judiciary to act as a super-administrator of the law.
- Dissent argues LSEA overrules constitutional standing and should be overruled; would reinstate Lee/Cleveland Cliffs standing approach.
- Key authorities discuss Lujan v. Defenders of Wildlife as the constitutional standing framework and critique LSEA as an amorphous standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which standing doctrine governs Michigan? | Ader argues LSEA governs standing. | Delta College argues LSEA governs standing. | Leave to appeal denied; standing ruling not to be reviewed. |
Key Cases Cited
- Liberal Education Ass'n v Lansing Bd. of Ed., 487 Mich 349 (2010) (overruled prior Lee/Cleveland Cliffs standing rule, creating prudential standing)
- Lee v Macomb Co Bd of Comm'rs, 464 Mich 726 (2001) (constitutional standing test adopted prior to LSEA)
- National Wildlife Federation v. Cleveland Cliffs Iron Co., 471 Mich 608 (2004) (reinstated constitutional standing framework before LSEA)
- Lujan v Defenders of Wildlife, 504 U.S. 555 (1992) (three elements of standing: injury, causation, redressability)