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CITY OF SOUTH HAVEN v. VAN BUREN CTY. BD. OF COM'RS

No. 131011 (Calendar No. 8).

734 N.W.2d 533 (2007)

CITY OF SOUTH HAVEN, Plaintiff-Appellee, v. VAN BUREN COUNTY BOARD OF COMMISSIONERS and Van Buren County Treasurer, Defendants-Appellants, and Van Buren County Board of County Road Commissioners, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 11, 2007.

Attorney(s) appearing for the Case

Law, Weathers & Richardson, P.C. (by Michael J. Roth), Grand Rapids, for the City of South Haven.

Schuitmaker, Cooper, Schuitmaker & Cypher, P.C. (by Harold Schuitmaker and M. Brian Knotek), Paw Paw, for the Van Buren County Board of Commissioners and the Van Buren County Treasurer.

PER CURIAM.

At issue in this case is whether defendants violated MCL 224.20b by presenting and securing voter approval of a road millage proposal and, if so, what remedy is available. We affirm the Court of Appeals decision that the millage proposal in this case violated the allocation provisions of MCL 224.20b, but reverse the Court of Appeals order remanding the case because, under the facts presented, plaintiff is not entitled to any of the remedies it seeks.<...

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