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46th CIRCUIT TRIAL COURT v. CRAWFORD COUNTY

Docket No. 128878. COA No. 3.

719 N.W.2d 553 (2006)

476 Mich. 131

46TH CIRCUIT TRIAL COURT, Plaintiff, Counter-Defendant, Third-Party Plaintiff-Appellee, v. COUNTY OF CRAWFORD and Crawford County Board of Commissioners, Defendants, Counter-Plaintiffs, Third-Party Plaintiffs-Appellants, and County of Kalkaska, Intervening Defendant, Counter-Plaintiff, Third-Party Plaintiff-Appellant and County of Otsego, Third-Party Defendant.

Supreme Court of Michigan.

Decided July 28, 2006.

Attorney(s) appearing for the Case

Kienbaum Opperwall Hardy & Pelton, P.L.C. (by Thomas G. Kienbaum, Noel D. Massie) (Patricia J. Boyle, of counsel), Birmingham, for the plaintiff.

Johnson, Rosati, LaBarge, Aseltyne & Field, P.C. (by Christopher J. Johnson and Marcelyn A. Stepanski), Farmington Hills, for Otsego County.

Allan Falk, P.C. (by Allan Falk) and Cohl, Stoker, Toskey & McGlinchey, P.C. (by Bonnie G. Toskey), Okemos, Lansing, for Crawford County and Kalkaska County.

Foster, Swift, Collins & Smith, P.C. (by Webb A. Smith), Lansing, for amicus curiae Michigan Association of Counties and Michigan Townships Association.

MARKMAN, J.

We granted leave to appeal to consider this funding dispute between the 46th Circuit Trial Court (hereafter the Trial Court) and two of its three county funding units. This case involves a conflict between the legislative branch's exercise of the "legislative power" to appropriate and to tax, and the judicial branch's inherent power to compel sufficient appropriations to allow the judiciary to carry out its essential judicial functions. Specifically, the...

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