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TOWNSHIP OF CASCO TP. v. STATE BOUNDARY COM'N

Docket No. 217621.

622 N.W.2d 332 (2000)

243 Mich. App. 392

TOWNSHIP OF CASCO, Township of Columbus, and Township of Lenox, Petitioners-Appellants, v. Michigan STATE BOUNDARY COMMISSION, Respondent-Appellee, and Walter Winkle, Patricia Winkle, and City of Richmond, Intervening Appellees.

Court of Appeals of Michigan.

Decided November 28, 2000, at 9:05 a.m.

Released for Publication January 25, 2001.

Attorney(s) appearing for the Case

James V. Dubay, Richmond, for Casco Township and Columbus Township.

Terry S. Welch, Mount Clemens, for Lenox Township.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and George M. Elworth, Assistant Attorney General, for State Boundary Commission.

Freeman McKenzie, (by Thomas L. Treppa ), Mount Clemens, for city of Richmond.

Kerr, Russell and Weber, PLC (by Robert J. Pineau), Detroit, for Walter K. and Patricia A. Winkle.

Bauckham, Sparks, Rolfe, Lohrstorfer & Thall, P.C., (by John H. Bauckham ), Kalamazoo, for Amicus Curiae Michigan Townships Association.

Eric D. Williams, Big Rapids, for Amicus Curiae Michigan Municipal League.

Elwood L. Brown, Corporation Counsel, and Timothy K. Morris, Assistant Corporation Counsel, Port Huron, for Amicus Curiae St. Clair County.

Before GRIBBS, P.J., and NEFF and O'CONNELL, JJ.

O'CONNELL, J.

Petitioners appeal by leave granted a circuit court order affirming a decision of the State Boundary Commission (the commission). We affirm.

I. Issues

This case presents two issues of first impression. The first is whether the commission had the jurisdiction and authority to determine the legal validity of an agreement entered into pursuant to the provisions of 1984 PA 425, M.C.L. § 124.21 et seq.; MSA 5.4087(21) et seq...

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