Michigan Supreme Court

American Civil Liberties Union of Michigan v. Calhoun County

February 4, 2022

Summary

The Court held that a federal regulation cannot exempt public records from disclosure under MCL 15.243(1)(d), which permits withholding records specifically described and exempted by statute. Applying the statute's plain language, the Court concluded that a regulation promulgated by an executive agency is not a statute, even if it has the force of law. The Court reversed the Court of Appeals and remanded for further proceedings.