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WHEELER v. SHELBY TWP

Docket No. 249116.

697 N.W.2d 180 (2005)

265 Mich. App. 657

Gerald WHEELER, individually and as the representative of a class of persons similarly situated, Plaintiff-Appellant-Cross-Appellee, v. CHARTER TOWNSHIP OF SHELBY and Board of Trustees of Shelby Township, Defendants-Appellees-Cross-Appellants.

Court of Appeals of Michigan.

Decided April 12, 2005, at 9:05 a.m.

Released for Publication May 26, 2005.

Attorney(s) appearing for the Case

Ferriby, Houston & Belanger (by Robert L. Ferriby, Jr. and Randall A. Juip), Southfield, for the plaintiff.

Seibert and Dloski, PLLC (by Robert J. Seibert), Mount Clemens, for the defendants.

Before: DONOFRIO, P.J., and MURPHY and BORRELLO, JJ.

DONOFRIO, P.J.

Representative plaintiff, a resident of defendant township, commenced this action challenging the constitutionality of the township's Ordinance 211. That ordinance requires single-family residences within the township to use a single waste hauler approved by the township for the disposal of household solid waste and to pay a fee to the hauler for the services. Plaintiff asserted in the circuit court that...

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