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CASCO TWP. v. SECRETARY OF STATE

Docket No. 244101.

682 N.W.2d 546 (2004)

261 Mich. App. 386

TOWNSHIP OF CASCO, Township of Columbus, Patricia Iseler, and James P. Holk, Plaintiffs/Counter-Defendants-Appellants, v. SECRETARY OF STATE, Director of the Bureau of Elections, and City of Richmond, Defendants-Appellees, and Walter Winkle and Patricia Winkle, Intervening Defendants/Counter-Plaintiffs-Appellees.

Court of Appeals of Michigan.

Decided March 25, 2004, at 9:00 am.

Released for Publication June 24, 2004.

Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith, P.C. (by William K. Fahey and Ronald D. Richards Jr.) and James V. Dubay, Lansing, Richmond, for Casco Township, Columbus Township, Patricia Iseler, and James P. Holk.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Katherine C. Galvin, Assistant Attorney General, for the Secretary of State and the Director of the Bureau of Elections.

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

Rex A. Burgess, PLC (by Rex A. Burgess), Clinton Township, for the city of Richmond.

Eric D. Williams, Big Rapids, for the Michigan Municipal League.

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

Before: ZAHRA, P.J., and MARK J. CAVANAGH and COOPER, JJ.

COOPER, J.

Plaintiffs Township of Casco, Township of Columbus, Patricia Iseler, and James Holk, appeal as of right the trial court's September 10, 2002, order denying their request for a writ of mandamus compelling defendant Secretary of State to certify their detachment petition and set an election, or, alternatively, to provide declaratory relief interpreting their right to an election on the detachment petition. We affirm.

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