McNa Insurance Co Inc v. Department of Technology Management and B
McNa Insurance Co Inc v. Department of Technology Management and B
Opinion of the Court
On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the March 12, 2018 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the order of the Court of Appeals and we REMAND this case to the Court of Appeals for plenary consideration. The Court of Appeals is DIRECTED to decide this case on an expedited basis. The motions for stay and to waive the requirements of MCR 7.209(A)(2) and (3) are DENIED.
Dissenting Opinion
I respectfully dissent. While plaintiff acknowledges in its application that "competitive bidding statutes do not confer standing on bidders," and while this Court has long recognized that disappointed bidders do not possess an interest in the outcome of a bidding process for public contracts,
Talbot Paving Co. v. Detroit
,
In my judgment, this Court's remand to the Court of Appeals for plenary consideration is unwarranted because, if plaintiff does not possess standing, the proper course of action for this Court would be to remand to the trial court for entry of an order dismissing the action.
Lee v. Macomb Co. Bd. of Comm'rs
,
Put simply, there is no more critical matter than a proper conception of standing for a judicial body determined to operate within its constitutional purview and in the responsible exercise of the Constitution's "judicial power." US Const., art. III, § 2; Const. 1963, art. 6, § 1. Accordingly, I would grant leave to appeal to address this issue.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.