16 Mich. App. 340 | Mich. Ct. App. | 1969
The trial court granted intervening-defendant’s motion for summary judgment on the bases plaintiffs’ action was brought against the
While the appeal was pending, this Court decided Penn School District No 7 v. Lewis Cass Intermediate School District Board of Education (1968), 14 Mich App 109. That decision is contrary to the position of the trial court with respect to the proper defendant and the standing of Bowman and controls decision here. The holding of the trial court that plaintiff school district had no standing was correct and is affirmed. Penn, supra,, held the statute involved constitutional.
We hold that venue was proper.
Reversed and remanded for trial as to plaintiff Bowman, except on the issue of constitutionality. No costs, a public question is involved.