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CLINTON TWP. v. CITY OF MOUNT CLEMENS

Docket Nos. 99092, 100245.

171 Mich. App. 288 (1988)

429 N.W.2d 656

CLINTON TOWNSHIP v. CITY OF MOUNT CLEMENS

Michigan Court of Appeals.

Decided September 7, 1988.

Attorney(s) appearing for the Case

York & Dolan, P.C. (by John A. Dolan), for plaintiff.

Freeman McKenzie (by George J. Freeman, Thomas L. Treppa, and Jeffrey L. Portis), for defendant.

Amicus Curiae:

Bauckham, Reed, Sparks, Rolfe & Thomsen, P.C. (by John H. Bauckham), for Michigan Townships Association.

Before: McDONALD, P.J., and KELLY and W.F. LAVOY, JJ.

McDONALD, P.J.

Plaintiff Clinton Township brought this action for declaratory judgment against defendants City of Mount Clemens and Cynthia Winkler to prevent Mount Clemens from annexing property located in Clinton Township. Following a nonjury trial, the trial court ruled that Mount Clemens met the statutory requirements for annexation under MCL 117.9(8); MSA 5.2088(8), which allows a city to annex by resolution vacant property owned by the city. Plaintiff appeals...

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