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WILLIAMS TWP. v. CITY OF MIDLAND

Docket Nos. 78-1696, 78-1697, 78-1698.

95 Mich. App. 239 (1980)

289 N.W.2d 892

WILLIAMS TOWNSHIP v. CITY OF MIDLAND

Michigan Court of Appeals.

Decided February 5, 1980.

Attorney(s) appearing for the Case

Higgs, Higgs & Darbee, P.C. (by Michael A. Makulski), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Milton I. Firestone, Craig Atchinson and Chester W. Lewis, Assistants Attorney General, for the State Boundary Commission.

Darrell W. Foell, for John A. Rapanos.

John J. Rae, for the City of Midland.

Before: M.J. KELLY, P.J., and M.F. CAVANAGH and MacKENZIE, JJ.

M.F. CAVANAGH, J.

We agree with the conclusion reached by Judge MacKENZIE in her concurring opinion and refer the reader to her opinion for a thorough representation of the facts. We feel it necessary, however, to employ an approach different from that of Judge MacKENZIE in reaching that conclusion.

As recognized by Judge MacKENZIE, the parties' differences stem from their conflicting interpretations of the meaning of the word "territory" as it is used in...

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