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TUSCOLA CTY. BD. OF COMM'RS v. TUSCOLA CTY. APPORTIONMENT COMM.

Docket No. 242105.

686 N.W.2d 495 (2004)

262 Mich.App. 421

TUSCOLA COUNTY BOARD OF COMMISSIONERS, Plaintiff-Appellant, v. TUSCOLA COUNTY APPORTIONMENT COMMISSION, Defendant-Appellee.

Court of Appeals of Michigan.

Decided June 15, 2004, at 9:10 a.m.

Released for Publication September 1, 2004.

Attorney(s) appearing for the Case

Nantz, Litowich, Smith & Girard (by John H. Gretzinger), Grand Rapids, for the plaintiff.

Mark E. Reene, Prosecuting Attorney, Caro, for the defendant.

Before: SCHUETTE, P.J., and MARK J. CAVANAGH and WHITE, JJ.

MARK J. CAVANAGH, J.

Plaintiff appeals as of right from a declaratory judgment denying its claim that a county board of commissioners has a right under MCL 46.401 to apportion the county into commissioner districts. We affirm.

The sole issue on appeal concerns the interpretation of MCL 46.401, which provides:

Within 60 days after the publication of the latest United States official decennial census figures, the county apportionment commission in each...

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