ADVISORY OPINION ON 1986 PA 281

Docket No. 80210, (Calendar No. 1).

430 Mich. 93 (1988)

422 N.W.2d 186

ADVISORY OPINION ON CONSTITUTIONALITY OF 1986 PA 281

Supreme Court of Michigan.

Decided March 22, 1988.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and James L. Stropkai, Chester W. Lewis, and Thomas F. Schimpf, Assistant Attorneys General, for the Attorney General in support of constitutionality.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Richard R. Roesch, Assistant Attorney General, for the Attorney General in opposition to constitutionality.

Amici Curiae:

Patterson, Phifer & Phillips, P.C. (by Kurt D. Meyer), for Annis Historic Properties.

Lewis, White & Clay, P.C. (by David Baker Lewis, Reuben A. Munday, and Tina M. Pompey), for the City of Detroit Downtown Development Authority, the Tax Increment Finance Authority, and the Economic Development Corporation.

Reck, Reck & Erwin, P.C. (by J. David Reck), for the City of Howell.

Dickinson, Wright, Moon, Van Dusen & Freeman (by Judson M. Werbelow, John A. Everhardus, and Kester K. So) for the City of Lansing Tax Increment Finance Authority, Auburn Hills Local Development Finance Authority, City of Pontiac Tax Increment Finance Authority, City of St. Ignace Downtown Development Authority, City of Marysville Local Development Finance Authority, Lakeview Downtown Development Authority, and Michigan Municipal League.

Honigman, Miller, Schwartz & Cohn (by Norman Hyman, William G. Christopher, Mitchell R. Meisner, and E. Powell Miller), for the City of St. Clair Shores and the Tax Increment Finance Authority.

Mika, Meyers, Beckett & Jones (by James K. White, Ronald J. Clark, and Dale A. Mattis) for Gaines Township and the Local Development Financing Authority.

Cohl, Salstrom, Stoker & Aseltyne, P.C. (by Larry A. Salstrom), for Livingston County.

Fitzgerald, Hodgman, Cox, Cawthorne & McMahon (by Dennis O. Cawthorne and James G. Cavanagh) for Michigan Association of Counties.

Clark, Hardy, Lewis, Pollard & Page, P.C. (by Dennis R. Pollard), for Michigan Association of School Administrators, Michigan Community College Association, Michigan Federation of Teachers, Michigan Out-of-Formula District Association, Middle Cities Association, Michigan Federation AFSA Locals, AFL-CIO, City of Pontiac School District, and Avondale School District.

Linda L. Bruin for Michigan Association of School Boards.

Foster, Swift, Collins & Coey, P.C. (by Stephen O. Schultz and Matthew F. Pausch), for Michigan Education Association.

Bauckham, Reed, Lang, Sparks, Rolfe & Thomsen, P.C. (by Richard D. Reed and James W. Porter), for Michigan Townships Association.


BRICKLEY, J.

Pursuant to Const 1963, art 3, § 8,1 the Governor, by way of a letter dated January 28, 1987, and the Senate, by way of Senate Resolution No. 30 of January 28, 1987, have requested an advisory opinion on two particular questions regarding the constitutionality of certain provisions of 1986 PA 281, MCL 125.2151 et seq.; MSA 3.540(351) et seq. That act, entitled the Local Development Financing Act (LDFA),...

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