Anderson v. General Motors Corp.
Anderson v. General Motors Corp.
Opinion of the Court
ON REMAND
In Anderson v General Motors Corp, 138 Mich App 581; 360 NW2d 251 (1984), we broadly interpreted Const 1963, art 5, § 29 and held that the right to judicial review of decisions of the Civil Rights Commission included the right to a new evidentiary hearing in the circuit court. Our analysis was based on this Court’s opinion in Walker v Wolverine Fabricating & Mfg Co, Inc, 138 Mich App 660; 360 NW2d 264 (1984), with which we agreed. The Supreme Court has, by order of October 27, 1986, 426 Mich 868 (1986), directed us to reconsider this case in light of its partial reversal of Walker, supra, at 425 Mich 586; 391 NW2d 868 (1986).
On the basis of the Supreme Court’s analysis in Walker, we affirm the order of accelerated judgment entered in this case in favor of defendant General Motors Corporation. In our original opinion, we observed that the trial court in this case had "reviewed the administrative record and applied the arbitrary and capricious standard of review.” 138 Mich App 586. Since that is the appropriate scope of review under Walker, supra, we now consider only whether the commission’s factual findings are supported by competent, material, and substantial evidence and whether its decision is arbitrary, capricious, or an abuse of discretion.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.