ADVISORY OPINION ON CONSTITUTIONALITY OF 1976 PA 295, 1976 PA 297
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued June 10, 1977.
Decided November 7, 1977.
Attorney(s) appearing for the Case
Frank J. Kelley, Attorney General, and Robert A. Derengoski, Solicitor General.
Louis J. Caruso, Janis Meija, and Francis J. Carrier, Assistants Attorney General, in support of constitutionality.
Richard R. Roesch and Lawrence W. Morgan, Assistants Attorney General, in opposition to constitutionality.
Amici Curiae:
Aggregate Carriers of Michigan, Inc., Central Transport, Inc., Direct Transit Lines, Inc., Key Line Freight, Inc., R-W Service System, Inc., St. Louis Freight Lines, Inc., Geo. F. Alger Co., L.J. Beal & Son, Inc., Hess Cartage Company, James House & Sons Cartage, Mackinaw Company, Michigan Transportation Co., N & K Cartage Co., Rex Transportation Co., and Wemco Company, by Sullivan, Leavitt & Bileti.
County Road Association of Michigan and Michigan Townships Association, by Downs, Edwards & Pirich (John Cushman, General Counsel, Wayne County Road Commission, and L.W. McEntee, General Counsel, Oakland County Road Commission, of counsel).
Michigan Teamsters Joint Council No. 43, by Lippitt, Harrison, Perlove, Friedman & Zack.
Michigan Trucking Association, by Clark, Klein, Winter, Parsons & Prewitt (by H. William Butler, L.A. Hinds and Joseph J. Ayaub).
Southeastern Michigan Transportation Authority; Area Agency on Aging of Western Michigan, Inc., Capital Area Rail Council, City of Detroit, Concerned Citizens Council, Inc., East Michigan Environmental Action Council, Human Relations Commission of City of Highland Park, Macomb Essential Transportation Service, Michigan Public Transit Association, Michigan Student Environmental Confederation, Inc., Michigan U.A.W. Community Action Program, Public Interest Research Group in Michigan, and West Michigan Environmental Action Council, by Dickinson, Wright, McKean, Cudlip & Moon (by George E. McKean, John R. Axe, and Julia D. Darlow; Walter H. Clements, of counsel).
United Transportation Union, Michigan State A.F.L.-C.I.O., Brotherhood of Railway, Steamship, and Airline Clerks, Brotherhood of Maintenance Way Employees, and Michigan Rail Action Association, by James F. Schouman and Jeffery Zeh, General Counsel of Maintenance of Way Employees.
Supreme Court of Michigan.
RYAN, J.
The Court has been asked by the Governor for an advisory opinion on the constitutionality of 1976 PA 295; MCLA 474.51 et seq.; MSA 22.180(21) et seq., and 1976 PA 297; MCLA 247.660b et seq.; MSA 9.1097(10c) et seq.
1976 PA 295 (hereafter PA 295) is labelled the State Transportation Preservation Act of 1976 and is designed to improve and maintain transportation services in Michigan.
1976 PA 297 (hereafter PA 297...
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