Media Law - Period Of Time For Challenging FOIA Denial Begins The Date The Denial Is Mailed

2.2.2012

Under Michigan's FOIA statute, a lawsuit challenging the denial of a FOIA request must be filed within 180 days. In a February 15, 2011 decision in Prins v. Michigan State Police, Case No. 293251, the Court of Appeals held that the 180 day period starts from the date the public body places the denial letter in the mail, not the date that the denial letter was written.

Update: On January 25, 2012, the Michigan Supreme Court denied leave to appeal the Court of Appeals decision, leaving the Court of Appeals decision intact.

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