- Posted August 19, 2011
- Tweet This | Share on Facebook
Court rules state can't meddle with library fees

HERRICK, Mich. (AP) -- State education officials can't interfere with local libraries that charge fees to patrons who live in other communities, the Michigan Court of Appeals said in a decision released Wednesday.
In a unanimous decision, the court said the Michigan Department of Education overstepped its role in 2009 when it passed rules saying local libraries could lose their state funding if they didn't treat all library users alike.
Judges Henry William Saad, Patrick Meter and Kurtis Wilder said local libraries had a right to treat users differently since residents paid taxes to support them while nonresidents did not.
"The Legislature ... explicitly afforded local libraries a large degree of autonomy in their operations," the judges wrote in their decision. "This independence ... gives libraries the option of providing different services to residents and nonresidents."
The court upheld the Ottawa Circuit Court's decision to grant Herrick District Library summary disposition.
The Associated Press made a request for comment from the education department's spokesman Wednesday afternoon.
Published: Fri, Aug 19, 2011
headlines Oakland County
- Whitmer signs gun violence prevention legislation
- Department of Attorney General conducts statewide warrant sweep, arrests 9
- Adoptive families across Michigan recognized during Adoption Day and Month
- Reproductive Health Act signed into law
- Case study: Documentary highlights history of courts in the Eastern District
headlines National
- Oscar vs. Jeff: Trial lawyers and appellate counsel do different jobs, and it may show in their writing
- ‘Can a killer look like a granny?’ Prosecutor poses questions as mother-in-law of slain law prof goes on trial
- ILTACON 2025: The Wild, Wild West of legal tech
- After striking deal with Trump, this BigLaw firm worked with liberal groups to secure pro bono wins in 2 cases
- ‘Early decision conspiracy’ among top colleges is an antitrust violation, suit alleges
- Striking the Balance: How to make alternative fee arrangements work for everyone