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154437 - Bruce Millar v Construction Code Authority

Bruce Millar,
Rebecca C. Klipfel
(Appeal from Ct of Appeals)
(Lapeer – Holowka, N.)
Construction Code Authority, Elba Township, and City of Imlay City,
Stacy Jennifer Belisle
Nancy Vayda Dembinski
Mary Massaron


Plaintiff Bruce Millar was a building/plumbing inspector employed by defendant Construction Code Authority (CCA), which is a multi-governmental inspection and development control agency serving cities, townships, and villages in the Lapeer County area. Defendants Imlay City and Elba Township contracted with the CCA for licensed inspectors. In 2014, the City and the Township notified the CCA that they no longer wanted plaintiff to perform inspections within their borders. No reason was given. Plaintiff filed a three-count complaint against defendants, alleging: (1) a violation of the Whistleblowers Protection Act, MCL 15.361 et seq.; (2) wrongful termination in violation of public policy; and (3) conspiracy to effectuate wrongful termination. Defendants moved for summary disposition on the ground that the WPA claim was time-barred and that the remaining two claims were identical to the WPA claim and, thus, were preempted. The circuit court granted summary disposition to defendants. The Court of Appeals affirmed in an unpublished per curiam opinion. The Supreme Court has directed oral argument on plaintiff’s application for leave to appeal to address whether his claim under the WPA was barred by the 90-day limitation period set forth in MCL 15.363(1).