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TCG DETROIT v. CITY OF DEARBORN

Docket No. 232609.

680 N.W.2d 24 (2004)

261 Mich. App. 69

TCG DETROIT, Plaintiff-Counterdefendant/Appellee, v. CITY OF DEARBORN, Defendant-Counterplaintiff/Appellant.

Court of Appeals of Michigan.

Decided March 4, 2004, at 9:10 a.m.

Released for Publication May 26, 2004.

Attorney(s) appearing for the Case

Clark Hill PLC (by Roderick S. Coy, Michael P. Calabrese, and Richard C. Marsh) and Peggy Nelson, Detroit; Chicago, Ill, for the plaintiff.

Debra A. Walling, John W. Tanner, III, and William H. Irving, and Miller & Van Eaton, P.L.L.C. (by William Malone, John F. Noble, and Holly L. Saurer), Dearborn; Washington, DC, for the city of Dearborn.

Loomis, Ewert, Parsley, Davis & Gotting, P.C. (by Harvey J. Messing, Gary L. Field, Lisa A. Hanson, and Michael C. Rampe), Lansing, for the Telecommunications Association of Michigan.

Kitch Drutchas Wagner DeNardis & Valitutti (by Michael J. Watza, Susan Healy Zitterman, and Christina A. Ginter) Detroit, for PROTEC.

Before: SMOLENSKI, P.J., and WHITE and WILDER, JJ.

WHITE, J.

Defendant City of Dearborn (Dearborn) appeals as of right the order denying its motion for summary disposition, which challenged the constitutionality of certain provisions of the Michigan Telecommunications Act (MTA), MCL 484.2101 et seq., article 2A of which has since been repealed,1 and the court's rulings regarding what constitutes...

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