DELTA COLLEGE v. SAGINAW COMMR.

Docket No. 55587, (Calendar No. 5).

395 Mich. 562 (1975)

236 N.W.2d 425

DELTA COLLEGE v. SAGINAW COUNTY BOARD OF COMMISSIONERS

Supreme Court of Michigan.

Decided December 18, 1975.


Attorney(s) appearing for the Case

Mellinger & Mahlberg, for plaintiff.

E. Brady Denton, Prosecuting Attorney, and Michael J. McNamee and Patrick M. Meter, Assistants Prosecuting Attorney, for defendants Saginaw County Board of Commissioners and Saginaw County Clerk.

Amicus Curiae: Michigan Community College Association (Chapekis & Chapekis, P.C., for Bay de Noc Community College; Thomas & Delaney, for Charles Stewart Mott Community College; Dresser, Dresser & Marks [by John E. Oster], for Glen Oaks Community College; Santini, Jacobs, McDonald & Slic, for Gogebic Community College; Domke, Marcoux, Allen & Beaman, for Jackson Community College; Stapleton-Adams, P.C., for Kalamazoo Valley Community College; Jennings, Turkelson & Crawford, P.C., for Kirtland Community College; Steven C. Small, for Lake Michigan Community College; Thrun, Maatsch & Nordberg, for Lansing Community College; Johnson & Wendt, for Macomb County Community College; Hughes, Trucks & Allen, for Mid Michigan Community College; William J. Braunlich, Jr., for Monroe County Community College; Thrun, Maatsch & Nordberg, for Montcalm Community College; Cochran, Vander Ploeg, Collinge & Silky, for Muskegon Community College; Clark, Stroup, Brown, MacKenzie & Pointrer, for North Central Michigan College; Denison, Devine, Porter & Bartush, for Oakland Community College; Touma, Watson, Andresen & Nicholson, for St. Clair County Community College; Miller, Canfield, Paddock & Stone [by Wolfgang Hoppe], for Schoolcraft College; Phillipson & Boezman, for Southwestern Michigan College; Jackson & Lamb, for Washtenaw Community College; Miller, Canfield, Paddock & Stone [by George E. Bushnell, Jr.], for Wayne County Community College; and Leonard J. Gavigan, for West Shore Community College).


T.G. KAVANAGH, C.J.

Plaintiff college was organized under the Community College Act of 1955, 1955 PA 188, the predecessor of the Community College Act of 1966, MCLA 389.1 et seq.; MSA 15.615(101), et seq. In 1958 plaintiff sought and obtained its first grant of tax authority. The electorate approved a 20-year levy not to exceed 1 mill for debt retirement and not to exceed .5 mill for operating expenses.

In 1968 plaintiff sought and obtained from...

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