Michigan Cases January 25, 2023: Graziano v. Brater

Case Description

Order

On order of the Court, the application for leave to appeal the July 21, 2022 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing: (1) whether the lower courts correctly interpreted MCL 168.479 as divesting the Court of Claims of subject matter jurisdiction over a challenge to a "determination made by the board of state canvassers regarding the sufficiency or insufficiency of an initiative petition"; (2) whether the Court of Claims erred by reframing Count I of plaintiffs’ complaint as a challenge that is subject to MCL 168.479(2) ; (3) if MCL 168.479 does divest the Court of Claims of subject matter jurisdiction over Count I of plaintiffs’ complaint,

[983 N.W.2d 910]

whether the Court of Appeals erred by declining to review the Court of Claims’ determination that it retained jurisdiction over Count II of the complaint and its resolution of plaintiffs’ constitutional challenge to the application of MCL 168.479 ; and (4) if MCL 168.479 does divest the Court of Claims of subject matter jurisdiction, whether the statute contravenes the separation of powers under Const. 1963, art. 3, § 2, the exclusive powers of this Court under Const. 1963, art. 6, §§ 4 - 5, or the due process protections afforded by Const. 1963, art. 1, § 17 and art. 6, § 28 ?

Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.