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MAYOR OF CITY OF LANSING v. MICHIGAN PSC

Docket No. 124136, Calendar No. 10.

680 N.W.2d 840 (2004)

470 Mich. 154

MAYOR OF the CITY OF LANSING, City of Lansing, and Ingham County Commissioner Lisa Dedden, Appellees/Cross-Appellants, v. MICHIGAN PUBLIC SERVICE COMMISSION and Wolverine Pipe Line Company, Appellants/Cross-Appellees.

Supreme Court of Michigan.

Decided June 9, 2004.

Attorney(s) appearing for the Case

Plunkett & Cooney, P.C. (by Mary Massaron Ross) Detroit, MI, and Office of Lansing City Attorney (by James D. Smiertka, John M. Roberts Jr., Margaret E. Vroman, and Brian W. Bevez) Lansing, MI, for the Mayor of the city of Lansing and the city of Lansing.

Dykema Gossett, PLLC (by Albert Ernst and Christine Mason Soneral) Lansing, MI, (Paul O'Konski, of counsel) Houston, TX, for the Wolverine Pipe Line Company.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and David A. Voges, Michael A. Nickerson, and William W. Derengoski, Assistant Attorneys General, Lansing, MI, for the Public Service Commission.

Miller, Canfield, Paddock and Stone, P.L.C. (by Dean M. Altobelli), Lansing, MI, for the Michigan Municipal League, amicus curiae.

TAYLOR, J.

In this case, we are called on to determine if defendant Wolverine Pipe Line Company (Wolverine) must obtain the permission of the city of Lansing before constructing a gas pipeline longitudinally in the right-of-way adjacent to an interstate highway when part of the pipeline would be constructed within city limits. We affirm the Court of Appeals decision that Wolverine must obtain local consent but that such consent need not be obtained before the application...

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