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GARY BLANCHARD V MICHIGAN STATE UNIV
State: Michigan
Court: Court of Appeals
Docket No: 183030
Case Date: 07/07/1998
Preview:STATE OF MICHIGAN
COURT OF APPEALS


GARY BLANCHARD, Plaintiff-Appellee, v

UNPUBLISHED July 7, 1998

No. 183030 Ingham Circuit Court LC No. 91-068120-AZ

MICHIGAN STATE UNIVERSITY, Defendant-Appellant.

Before: Gribbs, P.J., and Murphy and Gage, JJ. PER CURIAM. Plaintiff, a tenured professor at defendant university, was suspended for a two-year period as a condition of retaining his tenure following allegations of sexual harassment against him. Plaintiff brought multiple lawsuits, three of which were summarily disposed on defendant's motion. In the instant case, the circuit court issued a permanent injunction against enforcement of the suspension and awarded attorney fees to plaintiff. Defendant appeals as of right the circuit court's final order. We reverse. The circuit court erred in failing to grant defendant's motion for summary disposition under MCR 2.116(C)(4) and (6). The existence of subject matter jurisdiction is an issue of law which is reviewed de novo. Bd of Co Rd Comm'rs for the Co of Eaton v Schultz, 205 Mich App 371, 375; 521 NW2d 847 (1994). A court's decision on a motion for summary disposition is reviewed de novo. Barnell v Taubman Co, Inc, 203 Mich App 110; 512 NW2d 13 (1993). Plaintiff's complaints in the four lawsuits were as follows: Court of Claims No. 91-013234-CM: After stating seventeen paragraphs of "common allegations," plaintiff sought damages for breach of contract. This matter was summarily disposed on defendant's motion on June 21, 1991. Circuit Court No. 91-068120-AZ (the instant case): After stating similar common allegations, this complaint sought injunctive relief as to defendant, damages pursuant to 42 USC
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