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Michigan Supreme Court Upholds Complete Dismissal of Freedom of Information Act Lawsuit Against Chesterfield Township

Published: March 29, 2011

On March 29, 2011, the Michigan Supreme Court ordered that Plaintiff’s application for leave to appeal be denied, securing a complete dismissal of a lawsuit filed against Chesterfield Township. The Supreme Court determined that the Plaintiff’s application failed to establish any questions worthy of consideration by the Court and upheld the dismissals by the Macomb County Circuit Court and the Michigan Court of Appeals. The Township was defended by McGraw Morris P.C. attorneys Thomas J. McGraw and Christopher J. Raiti. On October 28, 2007, Plaintiff placed a call to the Chesterfield Township Police Department. Dissatisfied with the response, Plaintiff submitted more than 20 requests for records to the police department, under Michigan’s Freedom of Information Act. In response, the Township denied nearly all of the requests because the records either did not exist or were exempt under FOIA. Plaintiff also asserted that parts of FOIA were implicitly repealed by another statute because that statute was more recent and required publication of certain information. All courts disagreed with Plaintiff’s position and determined that each and every denial by the Township was lawful.


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