CITY OF TAYLOR, Plaintiff-Appellee,
v.
THE DETROIT EDISON COMPANY, Defendant-Appellant.
Supreme Court of Michigan.https://leagle.com/images/logo.png
May 31, 2006.
May 31, 2006.
Attorney(s) appearing for the Case
Plunkett & Cooney, P.C. (by Mary Massaron Ross and Christine D. Oldani), and Sommers Schwartz, P.C. (by Patrick B. McCauley), for the plaintiff. Detroit, Southfield.
Bruce R. Maters, George H. Hathaway, and Foster, Swift, Collins & Smith, P.C. (by William K. Fahey and Stephen J. Rhodes), for the defendant. Detroit, Detroit, Lansing.
Law, Weathers & Richardson, P.C. (by David W. Centner and Ann E. Liefer), for Michigan Municipal League and Michigan Townships Association. Grand Rapids.
Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and David A. Voges, Steven D. Hughey, Michael A. Nickerson, and Kristin M. Smith, Assistant Attorneys General, for the Michigan Public Service Commission. Lansing.
Dykema Gossett PLLC (by Daniel J. Martin) for International Transmission Company. Grand Rapids.
Foster, Swift, Collins & Smith, P.C. (by Stephen O. Schultz), for Michigan Electric Transmission Co., LLC. Lansing.
Dickinson Wright PLLC (by Michael A. Holmes, Jeffery V. Stuckey, and Susan G. Schwochau) for the Telecommunications Association of Michigan. Lansing.
Jon R. Robinson and Vincent P. Provenzano for Consumers Energy Company. Jackson.
Dykema Gossett PLLC (by Albert Ernst and Christine Mason Soneral) for the Michigan Electric Cooperative Association. Lansing.
James A. Ault for the Michigan Electric & Gas Association. Lansing.
Before the Entire Bench.
Supreme Court of Michigan.
YOUNG, J.
We granted leave to appeal in this case to reconcile plaintiff's constitutional authority to exercise "reasonable control" over its streets with the Michigan Public Service Commission's (MPSC) broad regulatory control over public utilities. Consistent with our longstanding precedent, we hold that a municipality's exercise of "reasonable control" over its streets cannot impinge on matters of statewide concern nor can a municipality regulate in a manner inconsistent...
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