in Re App of Mich Electric Transmission Co for Transmission Line

• Court: Michigan Supreme Court
• Decided: May 12, 2017
• Docket: 150695
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

May 12, 2017 Stephen J. Markman, Chief Justice

150695 Brian K. Zahra Bridget M. McCormack David F. Viviano In re APPLICATION OF MICHIGAN ELECTRIC Richard H. Bernstein TRANSMISSION COMPANY FOR Joan L. Larsen TRANSMISSION LINE Kurtis T. Wilder, _________________________________________ Justices

CHARTER TOWNSHIP OF OSHTEMO, Appellant, v SC: 150695 COA: 317893 MPSC No.: 00-017041 MICHIGAN ELECTRIC TRANSMISSION COMPANY LLC, Petitioner-Appellee, and MICHIGAN PUBLIC SERVICE COMMISSION, Appellee.

_________________________________________/

On order of the Court, leave to appeal having been granted and the briefs and oral arguments of the parties having been considered by the Court, we AFFIRM the judgment of the Court of Appeals on the basis that appellant Oshtemo Township exercised control over its streets pursuant to clause three of Const 1963, art 7, § 29 when it enacted Zoning Ordinance No. 525 and that § 230.004(b) of such Ordinance—requiring that all new utility “lines, wires, and/or related facilities and equipment” within the Township be constructed underground “within the public road right-of-way and to a point within 250 feet either side of said public right-of-way”—is unconstitutional because it is unreasonable. See People v McGraw, 184 Mich 233, 238 (1915). Therefore, the certificate that appellee Michigan Public Service Commission issued to appellee Michigan Electric Transmission Company pursuant to the Electric Transmission Line Certification Act, MCL 460.564 et seq., prevails over § 230.004(b) of Ordinance No. 525.

WILDER, J., took no part in the decision of this case.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. May 12, 2017 p0509 Clerk