The plaintiffs brought an original action in the
Court of Appeals to enforce §§ 25 and 30 of the Headlee Amendment, which
prohibit the state from shifting
the tax burden to local governments and from reducing the total of state
spending paid to all units of local government, taken as a group, below that
proportion in effect in fiscal year 1978-1979.
See Const 1963, art 9, §§ 25 and 30. In a 2-1
published opinion (on reconsideration), the Court of Appeals (1) granted the
State of Michigan summary disposition on two of the plaintiffs’ counts; (2)
granted the plaintiffs summary disposition on a third count; and (3) granted
mandamus relief. The Supreme Court has granted leave to appeal
to address: (1) whether the defendants violated Const 1963, art 9, §§ 25 and 30, by
classifying monies paid to school districts pursuant to Proposal A, Const 1963,
art 9, § 11, as state spending in the form of aid paid to units of local
government; (2) whether the defendants violated Const 1963, art 9, §§ 25 and
30, by classifying monies paid to public school academies (a.k.a. charter
schools) as state spending in the form of aid paid to units of local
government; (3) whether the Court of Appeals erred when it held that state
funds directed to local governments to satisfy state obligations under Const
1963, art 9, § 29 may not be counted toward the proportion of state funds
required by Const 1963, art 9, § 30; and (4) whether the Court of Appeals
erred to the extent that it held that the Auditor General or the Office of the
Auditor General is subject to mandamus relief.