Opinion
Calendar Nos. 6, 7; Docket Nos. 50,494, 50,495.
Decided December 7, 1965.
Appeal from Wayne; Weideman (Carl M.), J. Submitted October 6, 1965. (Calendar Nos. 6, 7; Docket Nos. 50,494, 50,495.) Decided December 7, 1965.
Mary Ruth Ross presented a claim of discrimination on the part of the School Board of the Township of Taylor to the Michigan Fair Employment Practices Commission. Similar claim presented by Jessie Simmons. Claims upheld by commission. Appeal by school board taken to circuit court. Motion to dismiss appeal denied. Plaintiffs appeal. Order vacated and remanded with instructions.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Gerald David White and Carl Levin, Assistant Attorneys General, for plaintiffs.
Harry F. Vellmure, for defendant school board.
This is an appeal from an order of the circuit court of Wayne county denying a motion for rehearing and a motion to dismiss a claim of appeal and demand for a jury trial in an appeal from a final determination of the fair employment practices commission. The circuit court's order was entered February 13, 1962.
The issue here presented is indistinguishable from that passed upon by this Court in Lesniak v. Fair Employment Practices Commission, 364 Mich. 495. It is controlled by the law of that case.
Appellees urge in this brief that the Constitution of 1963, art 5, § 29, and the passage of PA 1963 (2d Ex Sess), No 45 (CL 1948, § 37.4 [Stat Ann 1965 Cum Supp § 3.548(4)]), nullifies the rule in Lesniak.
We do not pass upon the issue because it is not properly before us. The case at bar is controlled by the constitutional and statutory law as it existed at the time the appeal was taken.
The order of the circuit court is vacated. The case is remanded for disposition not inconsistent with the holding in Lesniak, supra. No costs.
T.M. KAVANAGH, C.J., and DETHMERS, KELLY, BLACK, SOURIS, and SMITH, JJ., concurred.
ADAMS, J., did not sit.