Detroit City Council v. Mayor of Detroit

770 N.W.2d 117, 283 Mich. App. 442
CourtMichigan Court of Appeals
DecidedApril 17, 2009
DocketDocket 291394 and 291399
StatusPublished
Cited by20 cases

This text of 770 N.W.2d 117 (Detroit City Council v. Mayor of Detroit) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Detroit City Council v. Mayor of Detroit, 770 N.W.2d 117, 283 Mich. App. 442 (Mich. Ct. App. 2009).

Opinion

Talbot, P.J.

In these consolidated and expedited appeals, defendant Kenneth V. Cockrel, Jr., in his capacity as mayor of the city of Detroit, and intervening defendant Detroit Building Authority appeal by right the declaratory judgment in plaintiff’s favor entered by the circuit court. Flaintiff Detroit City Council sought a declaration that the Regional Convention Facility Authority Act, MCL 141.1351 et seq., did not authorize a mayoral veto of its resolution disapproving the transfer of the Cobo Convention Center to the Detroit Regional Convention Facility Authority. The circuit court ruled that the mayoral veto was null and void under the plain language of the act. We affirm.

*444 I. BASIC FACTS AND PROCEDURAL HISTORY

Cobo Convention Center (Cobo), near the center of downtown Detroit, was built more than half a century ago. In 1985, the Legislature enacted Public Act 106, the State Convention Facility Development Act, MCL 207.621 et seq., which levied a tri-county hotel tax and liquor tax to generate revenue. The development act provided a funding source for a multitude of purposes, including the improvement of convention facilities owned by local governments. 1 The tax was used for security on bonds to pay for a $180 million Cobo renovation, which was completed in 1989. Under 1985 PA 106, the outstanding bonds are to be fully retired in 2015; the hotel and liquor tax distributions will also terminate at that time. MCL 207.629; MCL 207.630.

In light of that sunset date and the current condition and size of Cobo, state and tri-county officials began negotiations for legislation to improve the state’s convention centers. In December 2008, the Michigan Legislature enacted Senate Bill 1630. Governor Jennifer Granholm approved the bill in January 2009. The Regional Convention Facility Authority Act, 2008 PA 554, became effective on January 20, 2009. The act provides for the creation of regional convention facility authorities 2 to oversee regional convention centers, including Cobo. 3 To qualify for *445 improvement under the act, convention facilities are required to be publicly owned, have at least 600,000 square feet, and be located within a qualified city, which is defined as a city with a population exceeding 700,000. MCL 141.1355(i) and (k). As written, the act currently applies only to Cobo,* ** 4 although it may be applied in the future to any qualifying convention facility in a qualifying metropolitan area in Michigan.

In enacting 2008 PA 554, the Legislature recognized that promoting tourism and convention business in Michigan is in the best interests of both the state and local governments. The Legislature found that improving existing regional convention facilities would aid in that endeavor. The Legislature noted that a regional convention facility authority would serve a public purpose. MCL 141.1353. Such an authority could be established in any area that meets the definition of a “qualified metropolitan area.” 5 The act created the Detroit Regional Convention Facility Authority (the Authority) as of January 20, 2009, the effective date of the act. 6

*446 The act specifies that the transfer of control over a qualified convention center would occur 90 days after an authority’s creation, or in this case on April 20, 2009. MCL 141.1355(m). The transfer would only occur, however, “if the transfer is not disapproved as provided under [MCL 141.1369(1)].” Id. MCL 141.1369(1) provides, in pertinent part:

Within 45 days of the effective date of this act. . . and prior to a transfer date, the legislative body of the qualified city in which a qualified convention facility is located may disapprove the transfer of the qualified convention facility to the authority by adopting a resolution disapproving the transfer. If the transfer is not disapproved, the qualified convention facility is transferred to the authority on the ninetieth day after the effective date of this act or the date on which a convention facility becomes a qualified convention facility. [Emphasis added.]

The act defines a “legislative body” as “the elected body of a local government possessing the legislative power of the local government.” MCL 141.1355(f). In this case, the legislative body at issue is plaintiff Detroit City Council, which had a deadline of March 6, 2009, to disapprove the transfer of Cobo to the Authority. The transfer to the Authority would occur by operation of law on the ninetieth day after the effective date of the act, April 20, 2009, unless the transfer was disapproved.

On February 24, 2009, the city council passed a resolution to disapprove the transfer. On March 4, 2009, the mayor vetoed the resolution. The city council did not override the veto. 7

*447 The city council filed a complaint for injunctive and declaratory relief. 8 The city council maintained that it had the exclusive power to disapprove the transfer, arguing that the act’s grant of exclusive power to it superseded the executive veto power provided to the mayor under the Detroit City Charter. Additionally, the city council stated that subjecting the disapproval resolution to mayoral veto would nullify the Legislature’s intent to grant the power to disapprove exclusively to the city council.

The mayor answered that the Legislature did not intend to preclude the exercise of the mayoral veto power because it did not expressly do so. The mayor also relied on MCL 141.1359 of the act, where the Legislature expressly precluded the local legislative body from interfering with the local chief executive officer’s power to appoint a board member to the Authority, to support his argument that the Legislature did not intend to preclude his exercise of a veto. The mayor argued that the legislative intent to allow a mayoral veto accords with the city’s powers under the Home Rule City Act, MCL 117.1 et seq.

The circuit court granted the motion to intervene filed by the Detroit Building Authority, which owns substantial portions of Cobo. The Detroit Building Authority argued in part that the city council’s disapproval resolution never became effective because of the mayor’s veto and the city council’s failure to override the veto.

After failed attempts to facilitate settlement between the parties, the circuit court issued a declaratory judgment that the mayor’s veto was null and void. The circuit court ruled that, under the plain language of the *448 act, if the city council rejects hy resolution the transfer of authority, then the transfer does not occur. The circuit court relied on the doctrine of expressio unius est exclusio alterius,

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Bluebook (online)
770 N.W.2d 117, 283 Mich. App. 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/detroit-city-council-v-mayor-of-detroit-michctapp-2009.