Schellenberg v. Rochester Michigan Lodge2/10/1998
FOR PUBLICATION
9:05 a.m.
This case returns to this Court after remand and represents the latest chapter in the continuing saga of the Elks' attempts to prohibit female members. The underlying issues involve ยง 302 of the Civil Rights Act, MCL 37.2302; MSA 3.548(302), which prohibits the denial of access to, and enjoyment of, services provided by places of public accommodation and public service because of gender. This case also raises issues involving attorney fees.
In Docket No. 185598, defendant, the Elks, appeals as of right and plaintiff, Sharon Schellenberg, cross appeals from the order of May 2, 1995, which ordered defendant to accept plaintiff as a member and afford to her full and equal enjoyment of the goods, services, privileges, and accommodations offered by the Elks to its members. We affirm.
In Docket No. 186646, defendant appeals as of right and plaintiff cross appeals from the order of May 25, 1995, which granted plaintiff's renewed motion to determine the scope of recoverable attorney fees, and the order of June 20, 1995, which modified the May 25, 1995, order. These orders, after modification, provided that plaintiff was ninety percent successful on her appeal and ordered defendant to pay plaintiff's reasonable attorney fees and costs in the amount of $25,714 for the period from December 14, 1989, until February 4, 1993, plus statutory interest, pursuant to MCL 600.6013; MSA 27A.6013, to run from March 3, 1993. We affirm.
In Docket No. 191951, defendant appeals as of right and plaintiff cross appeals from the order of December 22, 1995, for payment of attorney fees, which provided that (1) defendant shall pay plaintiff $26,424 for appellate attorney fees and costs for the period from February 5, 1993, until June 13, 1994, (2) plaintiff's award of appellate attorney fees incurred from February 5, 1993, until June 13, 1994, shall be reduced by ten percent, (3) defendant shall pay plaintiff a twenty-five percent enhancement on the appellate attorney fees incurred from February 5, 1993, until June 13, 1994, (4) defendant shall pay plaintiff $85,576 for postremand attorney fees and costs from June 14, 1994, until July 19, 1995, and (5) defendant shall pay interest on the entire award, from and after July 25, 1995, at a rate equal to the percentage rise in the consumer price index, all cities average, compounded annually, based upon the April-April indices. We affirm in part, reverse in part, and remand for proceedings consistent with this opinion.
STATEMENT OF FACTS FOR DOCKET NO. 185598
The underlying facts pertinent to the issues raised in Docket No. 185598 are set forth in Schellenberg v Rochester Michigan Lodge No 2225, [Editor's note: originally released as an unpublished opinion] per curiam of the Court of Appeals, decided March 9, 1993 (Docket Nos. 123738, 131716):
In 1988, plaintiff applied for membership in defendant organization. Her application was rejected because of her gender. Plaintiff instituted this action, claiming she was denied the full and equal enjoyment of the services of a place of public accommodation or public service on the basis of gender in violation of the Civil Rights Act, MCL 37.2101 et seq.; MSA 3.548(101) et seq. Defendant defended its actions, claiming that it was a private club exempt from the act. MCL 37.2303; MSA 3.548(303).
The case was submitted to the trial court for a judgment on stipulated facts pursuant to MCR 2.116(A). In a November 15, 1989, opinion and order, the trial court found defendant's gender-based rejection of plaintiff's application violative of the act. Defendant was ordered to reconsider plaintiff's application without consid
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