A union activist has taken to the Michigan Supreme Court on Monday to file an "emergency request" to oust the Detroit Public Schools' "financial emergency manager."

Although Michigan voters rejected the state's controversial Public Act 4, the "emergency manager law," on Nov. 6, Attorney General Bill Schuette and a judge are saying the previous emergency manager law, Public Act 72 of 1990, is still in effect, and therefore Emergency Financial Manager Roy Roberts legally holds office.

The Detroit News reports that "Union activist Robert Davis filed a complaint with the state court on Tuesday seeking Roberts' removal, arguing that P.A. 72 no longer exists."

But a three-judge panel of Michigan's Court of Appeals denied Davis' request on Friday. Judge Kirsten Frank Kelly wrote in the ruling: "Roberts was appointed under P.A. 72 after P.A. 4 was suspended and lawfully holds office."

Davis said the finding "blatantly ignores the vote of the People," The Detroit News reports.