Moore v. The Grafton Township Board of Trustees

Court issued mandatory injuniction directing township Board of Trustees to confirm township supervisor's nomination for township attorney. Court's order was in derogation of separation-of-powers doctrine and plain language of controlling statute, as order compelled a discretionary legislative act. As controlling statute contains no clear criteria for the court to use to resolve the case, under the political question doctrine the court has no role in reviewing whether appointment of attorney should be confirmed. (McLAREN and SCHOSTOK, concurring.)