Tate v. City of Dearborn

Summary

The Michigan Supreme Court vacated its prior order granting leave to appeal and denied leave in Tate v. City of Dearborn. It also denied motions to stay proceedings, for recusal, and for an evidentiary hearing, while separate opinions addressed judicial disqualification procedures, federalism, and the merits of the underlying case.

Holdings

1. The court vacated its January 13, 2006 order granting leave to appeal and denied leave to appeal because it was no longer persuaded that the question presented should be reviewed.
2. The motion to stay was denied because it asserted no new basis warranting a stay and was based entirely on allegations previously considered and rejected in prior recusal motions.
3. Michigan Court Rule 2.003 had not been held applicable to the disqualification of Michigan Supreme Court justices.
4. The motions for recusal and an evidentiary hearing were denied.

Questions Presented

1. Whether the Michigan Supreme Court should stay the state proceedings pending federal litigation challenging the constitutionality of the Michigan Supreme Court's recusal rule.
2. Whether Michigan Court Rule 2.003 governs the disqualification of Michigan Supreme Court justices.
3. Whether the plaintiff was entitled to recusal and an evidentiary hearing based on allegations previously asserted and rejected in earlier motions.
4. Whether the court should continue reviewing the appeal after previously granting leave to appeal.

Disposition

other