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HARTER v. CITY OF SWARTZ CREEK

Docket No. 22643.

68 Mich. App. 403 (1976)

242 N.W.2d 792

HARTER v. CITY OF SWARTZ CREEK.

Michigan Court of Appeals.

Decided April 5, 1976.

Attorney(s) appearing for the Case

John M. Veale, for plaintiff.

Dickinson, Wright, McKean, Cudlip & Moon, (by Charles R. Moon and John A. Everhardus) special counsel for the County of Genesee and Genesee County Drain Commission.

Edward P. Joseph, City Attorney, for the City of Swartz Creek.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Milton I. Firestone and Craig Atchinson, Assistants Attorney General, intervenors.

Amicus Curiae:

Miller, Canfield, Paddock & Stone (by Stratton S. Brown) (Dennis R. Neiman, of counsel), for the Michigan Association of Municipal Attorneys and the cities of Ann Arbor, Big Rapids, Dowagiac, Lansing, Livonia, Manistee, Southfield and Traverse City, and the County of Baraga.

Miller, Canfield, Paddock & Stone (by Stratton S. Brown) (Dennis R. Neiman, of counsel), and Lewis, White, Lee, Clay & Graves, P.C. (by David B. Lewis), for the City of Detroit.

Before: R.B. BURNS, P.J., and D.E. HOLBROOK and D.F. WALSH, JJ.

Leave to appeal denied, 396 Mich. 865.

ON REHEARING

R.B. BURNS, P.J.

In this case we have granted defendants' application for rehearing and entertained additional oral argumentation.

The facts are simple, and stipulated. During the period at issue, plaintiff was a landowner and taxpayer in Swartz Creek, but a resident of Bloomfield Hills. Swartz Creek undertook to enter into two sewage disposal and water supply contracts to be financed by...

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