Order Michigan Supreme Court 

Lansing, Michigan 

October 17, 2008 Clifford W. Taylor,

 Chief Justice 

134437 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

KENT A. MCNEIL, FRANKLIN E. FISHER, Robert P. Young, Jr. 

Stephen J. Markman, ROGER GRIFFIN, SCOTT WAY, and JEFF Justices LEGATO, 

Plaintiffs-Appellants, 

v SC: 134437 

 COA: 272410 

Charlevoix CC: 05-088120-CZ 

CHARLEVOIX COUNTY and NORTHWEST
 MICHIGAN COMMUNITY HEALTH 

AGENCY,
 Defendants-Appellees. 

_________________________________________/ 

By order of May 2, 2008, the parties were directed to file supplemental briefs. On 

order of the Court, the supplemental briefs having been received, the application for leave 

to appeal the June 5, 2007 judgment of the Court of Appeals is again considered, and it is 

DISMISSED as to those plaintiffs who lack standing (Franklin E. Fisher, Kent A. 

McNeil, and Roger Griffin). The application is GRANTED as to the remaining parties. 

The parties shall consider: (1) whether the local health department or the county board of 

commissioners, the entity vested with final authorization of the regulation, MCL 

333.2441(1), can create a right or private cause of action against a private entity that 

alters Michigan’s at-will employment doctrine; (2) whether the right or private cause of 

action created by Clean Indoor Air Regulation § 1001 falls within the exceptions set forth 

in Suchodolski v Michigan Consolidated Gas Co, 412 Mich 692 (1982), to Michigan’s atwill employment doctrine; and (3) whether the exceptions to Michigan’s employment atwill doctrine set forth in Suchodolski on the basis of “public policy” are consistent with 

this Court’s decision in Terrien v Zwit, 467 Mich 56 (2002). 

The Clerk of the Court is directed to place this case on the January 2009 session 

calendar for argument and submission. Appellants’ brief and appendix must be filed no 

later than November 24, 2008, and appellees’ brief and appendix, if appellees choose to 

submit an appendix, must be filed no later than December 18, 2008. 
 _________________________________________ 

 

2 

The Attorney General, the Michigan Townships Association, the Michigan 

Association of Counties & Michigan Association for Local Public Health, and Peter C. 

Venlet, in pro per, are invited to file briefs amicus curiae, to be filed no later than 

December 30, 2008. Other persons or groups interested in the determination of the issues 

presented in this case may move the Court for permission to file briefs amicus curiae, 

with such briefs to be filed no later than December 30, 2008. 

MARKMAN, J., (concurring). 

I concur in the order granting leave to appeal. However, I would direct the parties 

to also address the issue whether, under relevant legal and constitutional principles, MCL 

333.2441(1) properly delegates authority to Charlevoix County and the Northwest 

Michigan Community Health Agency to promulgate the regulations at issue in this case. 

See, e.g., Taylor v Gate Pharmaceuticals, 468 Mich 1, 10 n 9 (2003); Blue Cross & Blue 

Shield of Michigan v Governor, 422 Mich 1, 51 (1985).

 CAVANAGH and KELLY, JJ., would deny leave to appeal. 

WEAVER, J., would deny leave to appeal because she is not persuaded that the 

questions presented should be reviewed by this Court. 

s1015 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 17, 2008 

Clerk