Meridian Charter Township v. Ingham County Clerk

777 N.W.2d 452, 285 Mich. App. 581
CourtMichigan Court of Appeals
DecidedSeptember 22, 2009
DocketDocket 279459
StatusPublished
Cited by3 cases

This text of 777 N.W.2d 452 (Meridian Charter Township v. Ingham County Clerk) 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
Meridian Charter Township v. Ingham County Clerk, 777 N.W.2d 452, 285 Mich. App. 581 (Mich. Ct. App. 2009).

Opinion

Per Curiam.

This case involves the annexation of property in plaintiff, Meridian Charter Township, to the city of East Lansing, intervening defendant. Meridian Township and intervening plaintiff, Phillip M. Stevens, a qualified, registered elector in the township, appeal as of right the trial court’s order denying their motion for summary disposition and granting summary disposition in favor of defendant, Ingham County Clerk, and intervening defendants, White Family Properties, LLC, and the city of East Lansing. We affirm.

I. FACTS AND PROCEDURAL HISTORY

In August 2006, Mike Bryanton, the Ingham County Clerk, received a petition for annexation of property in Meridian Township to East Lansing. The property is a 6.33-acre parcel owned by intervening defendant White Family Properties, LLC. After verifying the petition’s *585 lone signature and finding the petition valid, Bryanton ordered a referendum on the question of the annexation at the next general election in November 2006. Meridian Township filed a complaint in the trial court requesting declaratory relief, injunctive relief, and an accelerated hearing. It alleged that the ballot language was not properly certified under MCL 168.646a(2) and the Charter Township Act (CTA), MCL 42.1 et seq., particularly MCL 42.34(5), was unconstitutional to the extent that it barred qualified electors in the township affected by a proposed annexation from voting on the referendum. The township’s requests were denied.

In accordance with MCL 42.34(6), a referendum on the question of the annexation was held at the general election. The annexation passed, with 6,824 electors in East Lansing voting “yes” and 3,975 voting “no.” In the portion of Meridian Township to be annexed, the measure passed with a total of two votes being cast, both in favor of the annexation.

Plaintiffs filed a second amended complaint in December 2006, following an order permitting Stevens and East Lansing to intervene. In count I, plaintiffs alleged that Bryanton violated MCL 168.643a and 168.646a(2) by failing to adopt ballot language that was clear and adequately apprised voters of the subject matter of the annexation proposal and by failing to properly certify the ballot language. In count II, plaintiffs alleged several constitutional infirmities in MCL 42.34(5). Count III incorporated plaintiffs’ claims to advance a quo warranto theory.

Plaintiffs filed a motion for summary disposition under MCR 2.116(C)(10), along with three supporting affidavits: the Meridian Township Manager averred that the annexation affected the entirety of the township, not simply the specific property to be annexed; the *586 Meridian Township Clerk averred that she did not prepare, approve, or certify the ballot language; and Stevens averred that he had an interest in the annexation and would have voted on it had MCL 42.34(5) not prohibited him from doing so. The trial court granted summary disposition to defendants under MCR 2.116(I)(2) and dismissed plaintiffs’ claims. Plaintiffs now appeal as of right.

II. STANDARDS OF REVIEW

We review a trial court’s decision on a motion for summary disposition de novo on the basis of the entire record to determine whether the moving party is entitled to judgment as a matter of law. Maiden v Rozwood, 461 Mich 109, 118; 597 NW2d 817 (1999). When reviewing a motion under MCR 2.116(C)(10), which tests the factual sufficiency of the complaint, we consider all the admissible evidence submitted by the parties in the light most favorable to the nonmoving party. Maiden, 461 Mich at 120; MCR 2.116(G)(6). Summary disposition should be granted only where the evidence fails to establish a genuine issue regarding any material fact. Maiden, 461 Mich at 120. Under MCR 2.116(I)(2), summary disposition is properly granted in favor of the nonmoving party if that party, rather than the moving party, is entitled to judgment. DaimlerChrysler Corp v Wesco Distribution, Inc, 281 Mich App 240, 245; 760 NW2d 828 (2008). “Questions of constitutional interpretation and statutory interpretation are questions of law reviewed de novo by this Court.” Dep’t of Transportation v Tomkins, 481 Mich 184, 190; 749 NW2d 716 (2008).

III. THE CONSTITUTIONALITY OF MCL 42.34(5)

Plaintiffs argue that MCL 42.34(5) violates the due process and equal protection provisions of the United *587 States and Michigan constitutions by barring qualified electors in the township affected by a proposed annexation from voting on the annexation referendum, imposing on electors a residency requirement not constitutionally imposed, and delegating the Legislature’s responsibility to determine residency for voting purposes to the petitioners seeking annexation. We disagree.

“[A] statute is presumed to be constitutional unless its unconstitutionality is clearly apparent.” McDougall v Schanz, 461 Mich 15, 24; 597 NW2d 148 (1999). The presumption of constitutionality even justifies a construction that is against the natural interpretation of the statutory language, if necessary to uphold the law. Lowe v Dep’t of Corrections (On Rehearing), 206 Mich App 128, 137; 521 NW2d 336 (1994). The party challenging the constitutionality of the statute has the burden of proving its invalidity. In re Request for Advisory Opinion Regarding Constitutionality of 2005 PA 71, 479 Mich 1, 11; 740 NW2d 444 (2007) (In re 2005 PA 71).

A. VOTING RIGHTS GUARANTEES

According to plaintiffs, MCL 42.34(5) violates constitutional voting rights guarantees by permitting only qualified, registered electors in the portion of the township to be annexed, rather than all the qualified electors in the township, to vote on a proposed annexation. MCL 42.34(5) provides:

Notwithstanding subsections (1) and (3), a portion of a charter township contiguous to a city or village may be annexed to that city or village upon the filing of a petition with the county clerk which petition is signed by 20% of the registered electors in the area to be annexed and approval by a majority of the qualified and registered electors voting *588 on the question in the city or village to which the portion is to be annexed, and the portion of the township which is to be annexed, with the vote in each unit to be counted separately.

Plaintiffs assert, contrary to the plain language of MCL 42.34(5), that all the qualified electors in the township are entitled to vote on a proposed annexation because a successful annexation would affect the entirety of the township. In so arguing, plaintiffs point to Const 1963, art 2, which provides, in relevant part:

Sec. 1. Every citizen of the United States who has attained the age of 21 years, who has resided in this state six months, and who meets the requirements of local residence provided by law, shall be an elector and qualified to vote in any election except as otherwise provided in this constitution. The legislature shall define residence for voting purposes.

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Bluebook (online)
777 N.W.2d 452, 285 Mich. App. 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meridian-charter-township-v-ingham-county-clerk-michctapp-2009.