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CITY OF LANSING v. EDWARD ROSE REALTY

Docket Nos. 93256, 93257, (Calendar No. 10).

442 Mich. 626 (1993)

502 N.W.2d 638

CITY OF LANSING v. EDWARD ROSE REALTY, INC

Supreme Court of Michigan.

Decided July 2, 1993.

Attorney(s) appearing for the Case

Alvan P. Knot, City Attorney, Dickinson, Wright, Moon, Van Dusen & Freeman (by Gregory L. McClelland and Jeffery V. Stuckey), and Latterman & Associates (by Mark A. Latterman), for the City of Lansing.

Farhat, Story & Kraus, P.C. (by Richard C. Kraus), and Winston & Strawn (by Deborah C. Costlow), for the defendants.

Amici Curiae:

Miller, Canfield, Paddock & Stone (by Michael J. Hodge, Michael R. Atkins, and Clifford T. Flood) for the Michigan Municipal League.

O'Connor & Hannan (by John J. McDermott) for the National Apartment Association.

RILEY, J.

In this case we are asked to review a city ordinance providing for mandatory access to private property by the grantee of a city franchise for provision of cable television services. We hold the ordinance to be unreasonable and beyond the authority of the city to exercise the power of eminent domain.

I

In April 1974, the City of Lansing entered into a franchise agreement with Continental Cablevision, Inc., providing Continental with the nonexclusive...

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