WAYNE CTY. BD. OF COM'RS v. WAYNE CTY. AIRPORT AUTH.

Docket Nos. 241521, 242406.

658 N.W.2d 804 (2002)

253 Mich. App. 144

WAYNE COUNTY BOARD OF COMMISSIONERS, The County of Wayne, Ricardo A. Solomon, Kay Beard, Robert B. Blackwell and Jewel Ware, Plaintiffs, v. The WAYNE COUNTY AIRPORT AUTHORITY, Wayne Doran, The State of Michigan, John Engler, Michigan Department of Transportation, Greg Rosine, Edward McNamara, Raymond Wojtowicz, Thomas Naughton and Lester Robinson, Defendants. Wayne County Board of Commissioners, The County of Wayne, Ricardo A. Solomon, Kay Beard, Robert B. Blackwell and Jewel Ware, Plaintiffs, v. The Wayne County Airport Authority, Defendant/Cross-Defendant, and Wayne Doran, The State of Michigan, John Engler, Michigan Department of Transportation, Greg Rosine, Edward McNamara, Thomas Naughton and Lester Robinson, Defendants, and Raymond Wojtowicz, Defendant/Cross-Plaintiff.

Court of Appeals of Michigan.

Decided September 24, 2002, at 9:10 a.m.

Released for Publication December 11, 2002.


Attorney(s) appearing for the Case

Plunkett & Cooney, P.C. (by Patricia Irving Cwiek, Jeffrey C. Gerish, Kenneth L. Lewis, and Seymour M. Nayer) (Pollard, Albertson, Nyovich & Higdon, P.C., by Dennis Pollard, of Counsel), and Ben Washburn, Mt. Clemens, Bloomfield Hills, Detroit, for the plaintiffs.

Miller, Canfield, Paddock and Stone, P.L.C. (by Saul A. Green, Carl H. von Ende, Terence A. Thomas, Sr., and Donald W. Myers), Robert E. Murphy, Robert S. Gazall, and Genelle M. Allen, Detroit, Detroit, for Wayne County Airport Authority and others.

Robert E. Murphy and Robert S. Gazall, Detroit, for Chairman of the Board of the Wayne County Airport Authority.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Michael G. Frezza, Assistant Attorney General, for state of Michigan and others.

Axe & Ecklund, P.C. (by John R. Axe and Peter S. Ecklund, Jr.), Grosse Pointe Farms, for Wayne County Treasurer.

Before: HOOD, P.J., and WHITE AND O'CONNELL, JJ.


HOOD, P.J.

Plaintiffs, who commenced this original action1 pursuant to 2002 PA 90 (MCL 259.108 et seq.)2 and MCR 7.206, seek declaratory and injunctive relief in the context of their constitutional challenge to Act 90. Plaintiffs object to the transfer by Act 90 of operational jurisdiction of two airports from Wayne County to a statutorily created airport...

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