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CITY OF LANSING v. MICHIGAN

Docket No. 272927.

737 N.W.2d 818 (2007)

275 Mich. App. 423

CITY OF LANSING, Plaintiff-Appellant, v. STATE OF MICHIGAN and WOLVERINE Pipe Line Company, Defendants-Appellees.

Court of Appeals of Michigan.

Decided May 8, 2007, at 9:00 a.m.

Released for Publication August 29, 2007.

Attorney(s) appearing for the Case

Brigham C. Smith, City Attorney, and Margo E. Vroman, Assistant City Attorney, and Clark Hill PC (by Paul F. Novak), Lansing, for the city of Lansing.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and David A. Voges and Michael A. Nickerson, Assistant Attorneys General, for the state of Michigan.

Dykema Gossett PLLC (by Albert Ernst, Christine Mason Soneral, and Daniel J. Martin), Lansing, for Wolverine Pipe Line Company.

James A. Ault, Lansing, for Consumers Energy Company.

Miller, Canfield, Paddock and Stone, P.L.C. (by William J. Danhof and Jeffrey S. Aronoff), Detroit, for the Michigan Municipal League.

Before: SAAD, P.J., and HOEKSTRA and SMOLENSKI, JJ.

SMOLENSKI, J.

In this declaratory action, plaintiff city of Lansing appeals as of right the trial court's order granting summary disposition in favor of defendants Wolverine Pipe Line Company and the state of Michigan and denying plaintiff's cross-motion for summary disposition. We affirm.

I. Facts and Procedural History

In 2000, Wolverine filed an application with the Michigan Public Service Commission

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