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UPPER PENINSULA POWER v. VILLAGE OF L'ANSE

No. 349833.

965 N.W.2d 658 (2020)

334 Mich. App. 581

UPPER PENINSULA POWER COMPANY, Plaintiff/Counterdefendant-Appellant, v. VILLAGE OF L'ANSE, Defendant/Counterplaintiff-Appellee, and WPPI Energy, Inc. and Utility Systems Engineering, Inc., Defendants-Appellees.

Court of Appeals of Michigan.

Decided November 12, 2020, at 9:00 a.m.

Attorney(s) appearing for the Case

Dykema Gossett PLLC (by Richard J. Aaron , Jason T. Hanselman , Lansing, Frank A. Dame, Jr. , and Jeffrey A. Caviston ) for the Upper Peninsula Power Company.

Straub, Seaman & Allen, PC (by Thomas F. Waggoner , St. Joseph, Brandon G. Warzybok , and Megan M. Cuellar ) for Utility Systems Engineering, Inc.

Dickinson Wright PLLC, Lansing (by Peter H. Ellsworth and Nolan J. Moody ) for the Village of L'Anse.

Kitch Drutchas Wagner Valitutti & Sherbrook (by Beth A. Wittman , M. Sean Fosmire , Marquette, and Michael J. Watza , Detroit) for WPPI Energy.

Cunningham Dalman, PC, Holland (by Andrew J. Mulder and Vincent L. Duckworth ), for the Michigan Municipal League and the Michigan Townships Association, Amici Curiae.

Before: Jansen, P.J., and Fort Hood and Ronayne Krause, JJ.

Plaintiff, Upper Peninsula Power Company (UPPCO), appeals as of right the trial court's opinion and order granting summary disposition to defendants—the Village of L'Anse (the Village), WPPI Energy, Inc. (WPPI), and Utility Systems Engineering, Inc. (USE)—under MCR 2.116(C)(8). We affirm.

I. FACTUAL AND PROCEDURAL...

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