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Article of Interest - The Courts

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Supreme Court to Hear 'Durant IV'
MIRS, October 13, 2003
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The Supreme Court will hear arguments on Tuesday afternoon in the case commonly known in the legal community as “Durant IV,” a lawsuit filed by 464 school districts that claim the state did not give them full-funding for mandated state programs and services as required under the Headlee Amendment.

Arguments on the case, officially known as Adair v. State of Michigan (No. 121536), will begin Tuesday afternoon at the Supreme Court’s sixth floor courtroom in the new Hall of Justice Building.

The school districts claim the state, through regulations, executive orders, and changes in statutory law, increased the level of administrative activities and services required of school districts without giving them the money to pay for them between 1979-1995.

The Court of Appeals dismissed the case, 2-1, ruling that school districts that received money in Durant I, had their concerns taken care of at that time. All but one of the plantiffs’ claims could have been raised in the original Durant case, in which the state paid hundreds of school districts money for unfunded mandates since 1979.

The school districts argue that they are not pursuing the same claims addressed in Durant I, and they are proceeding under a different theory.

    

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