Lash v. City of Traverse City, 479 Mich. 180

Summary

The Michigan Supreme Court held that the 20-mile distance permitted for public-employee residency requirements under MCL 15.602(2) must be measured in a straight line from the employee’s residence to the nearest boundary of the public employer. Although Traverse City’s residency requirement violated the statute, the Court held that the statute did not authorize a private cause of action for money damages against the governmental entity. The Court affirmed in part, reversed in part, and remanded.

Holdings

1. The 20-mile distance permitted by MCL 15.602(2) must be measured in a straight line between the employee's place of residence and the nearest boundary of the public employer, not by the shortest route of public travel.
2. Traverse City's requirement that an employee reside within 15 radial miles or 20 road miles of the nearest city limit violated MCL 15.602(2).
3. MCL 15.602 does not create or permit an implied private cause of action for money damages against a governmental entity absent express legislative authorization.

Questions Presented

1. Whether the 20-mile distance permitted by MCL 15.602(2) must be measured by straight-line radial miles or by road miles.
2. Whether Traverse City's residency requirement violated MCL 15.602(2).
3. Whether MCL 15.602 creates or permits an implied private cause of action for monetary damages against a governmental entity.

Disposition

reversed_and_remanded