Opinion
SC: 163048 COA: 357298 SC: 163049 COA: 357299
06-01-2021
Horace SHEFFIELD, III, and Rodrick Harbin, Plaintiffs-Appellees, v. DETROIT CITY CLERK and Detroit Election Commission, Defendants, and Detroit Charter Revision Commission, Intervening Defendant-Appellant. Allen A. Lewis and Ingrid D. White, Plaintiffs-Appellees, v. Detroit City Clerk and Detroit Election Commission, Defendants, and Detroit Charter Revision Commission, Intervening Defendant-Appellant.
Order
On order of the Court, the motion to expedite, motions for immediate consideration, and the motion for stay are GRANTED. The May 26, 2021 order and opinion of the Wayne Circuit Court granting mandamus is stayed. The application for leave to appeal prior to decision by the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we DENY the application for leave to appeal to allow the Court of Appeals to first address the questions presented, but DIRECT the Court of Appeals to expedite consideration of the claim of appeal in this matter while maintaining the stay imposed by this Court.
We do not retain jurisdiction.
Viviano, J. (concurring in part and dissenting in part).
I concur in the majority's decision to deny the application for leave to appeal prior to decision by the Court of Appeals, but dissent from its decision to grant the motion for stay. In light of this Court's decision to deny the application, I would not grant the motion for stay and would instead leave the decision of whether to enter a stay to be resolved by the Court of Appeals in conjunction with the pending claim of appeal.