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CITY OF LAKE ANGELUS v. MICHIGAN AERONAUTICS COMMISSION

No. 238996.

676 N.W.2d 642 (2004)

260 Mich. App. 371

CITY OF LAKE ANGELUS, Plaintiff-Appellee, v. MICHIGAN AERONAUTICS COMMISSION, Michigan Department of Transportation, and Director of Michigan Department of Transportation, Defendant-Appellants.

Court of Appeals of Michigan.

Decided January 20, 2004, at 9:05 a.m.

Released for Publication April 2, 2004.

Attorney(s) appearing for the Case

Beier Howlett, P.C. (by Lawrence R. Ternan), Bloomfield Hills, for city of Lake Angelus.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Patrick F. Isom, Assistant Attorney General, for Michigan Aeronautics Commission and others.

Garan Lucow Miller, P.C. (by Rosalind H. Rochkind and David M. Shafer), Detroit, for Amici Curiae, Michigan Municipal League and Michigan Townships Association.

Chait & Schwartz, P.L.C. (by Steven M. Chait), Waterford, for Amicus Curiae, Seaplane Pilots Association.

Before: MURPHY, P.J., and COOPER and CHARLES L. LEVIN, JJ.

CHARLES L. LEVIN, J.

This is an action for a declaratory judgment challenging the validity of an administrative rule promulgated by defendant, Michigan Aeronautics Commission.

The Oakland Circuit Court granted summary disposition for plaintiff, city of Lake Angelus, concluding that the statute establishing the authority of the Aeronautics Commission, did not authorize the commission to override an ordinance adopted by the city. We affirm.

The meritorious...

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