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IND. TWP. v. BOUNDARY COMM.

Docket No. 139957.

193 Mich. App. 685 (1992)

484 N.W.2d 774

INDEPENDENCE TOWNSHIP v. STATE BOUNDARY COMMISSION

Michigan Court of Appeals.

Decided April 20, 1992, at 9:35 A.M.

Attorney(s) appearing for the Case

Kohl, Secrest, Wardle, Lynch, Clark & Hampton (by Gerald A. Fisher and Thomas R. Schultz), for Charter Township of Independence.

Frank J. Kelly, Attorney General, Gay Secor Hardy, Solicitor General, and Milton I. Firestone and George M. Elworth, Assistant Attorneys General, for State Boundary Commission.

Thomas J. Ryan, for Village of Clarkston.

Amicus Curiae:

Scholten & Fant, P.C. (by Rodney L. Schermer), for Michigan Municipal League.

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

Before: DOCTOROFF, C.J., and MICHAEL J. KELLY and BRENNAN, JJ.

MICHAEL J. KELLY, J.

The Charter Township of Independence appeals as of right from an Oakland Circuit Court judgment affirming the State Boundary Commission's decision approving the incorporation of the Village of Clarkston into a fifth-class home rule city. We affirm.

The Village of Clarkston is located within the Charter Township of Independence. On May 9, 1988, village property owners filed a petition with the State Boundary Commission, seeking to incorporate...

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