BRITTANY PARK APTS. v. HARRISON CHARTER TWP.

Docket Nos. 82162, 82163, (Calendar No. 5).

432 Mich. 798 (1989)

443 N.W.2d 161

BRITTANY PARK APARTMENTS v. HARRISON CHARTER TOWNSHIP

Supreme Court of Michigan.

Decided July 24, 1989.


Attorney(s) appearing for the Case

Evans & Luptak (by D. Michael Kratchman and John A. Kullen) and Friedman & Friedman, P.C. (by Robert Friedman and Susan S. Friedman), for the plaintiffs.

Peterson, Hay & Comsa, P.C. (by Mark L. Pope and David Comsa), for the defendant.

Amicus Curiae:

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


BRICKLEY, J.

The dispute in this case requires us to examine the constitutionality of Harrison Township Ordinance No. 100 which establishes inter alia the rate structure for the municipality's water and sewage system. Leave to appeal was granted limited to:

(1) whether defendant's rate structure charging a base rate per residential unit denies plaintiff apartment complexes equal protection of law; and (2) whether defendant's rate ordinance which...

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