affirmed in part, reversed in part, on other grounds, Lash v. City of Traverse City, 735 N.W.2d 628 (Mich. 2007)
How later courts described this case
- affirmed in part, reversed in part, on other grounds, Lash v. City of Traverse City, 735 N.W.2d 628 (Mich. 2007)
Written by the judges who cited it.
The opinion
MURPHY, J.
(concurring in part). I concur with Judge Neff’s opinion that MCL 15.602 permits a private cause of action, but disagree that the act’s exception for a 20-mile or greater distance requirement under certain circumstances is measured in “road miles.” Rather, I concur with Judge ZAHRA’s view that MCL 15.601 et seq., when read in their entirety using accepted statutory construction guidelines, require that the 20-mile distance referred to in MCL 15.602 be measured in a straight line. Thus, assuming that plaintiff can satisfy the distance standard, I would permit plaintiff to proceed with proofs about what damages, if any, were suffered under the defendant’s residency requirement.