Smith v. Scio Township

433 N.W.2d 855, 173 Mich. App. 381
CourtMichigan Court of Appeals
DecidedDecember 5, 1988
DocketDocket 98014
StatusPublished
Cited by15 cases

This text of 433 N.W.2d 855 (Smith v. Scio Township) 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
Smith v. Scio Township, 433 N.W.2d 855, 173 Mich. App. 381 (Mich. Ct. App. 1988).

Opinions

C. L. Bosman, J.

The primary question presented in this appeal is whether the Headlee Amendment, Const 1963, art 9, § 31, limits a township board’s taxing authority to its preincorporation level without a separate vote of the electors when the electors of a general law township vote to become a charter township pursuant to 1947 PA 359; MCL 42.1 et seq.; MSA 5.46(1) et seq. We hold that it does not.

Defendant Scio Township and members of the Scio Township Board sought to incorporate Scio Township as a charter township in an effort to prevent unwanted annexation by the City of Ann Arbor. The board therefore resolved to incorporate the township by board resolution, MCL 42.3a; MSA 5.46(3a). A petition of disagreement was timely filed by a number of the township citizens, including plaintiffs. MCL 42.3a(2)(b); MSA 5.46(3a)(2)(b).

Defendants submitted the question of incorporation to the electorate at the primary election of August 5, 1986. The ballot, prepared in accordance with MCL 42.2; MSA 5.46(2), set forth the proposition as follows:

SCIO TOWNSHIP INCORPORATION PROPOSAL

Shall the Township of Scio incorporate as a charter township which shall be a municipal corporation subject to the provisions of Act No. 359 of the Public Acts of 1947, as amended, which act shall constitute the charter of such municipal corporation?

[384]*384Section 27 of the charter township act, MCL 42.27; MSA 5.46(27), permits a charter township board to levy taxes not to exceed of 1% of the assessed valuation of all real and personal property subject to taxation in the township” (five mills). Prior to incorporation, the taxing authority of defendant township, a general law township, was limited to 1.16 mills. The basis for plaintiffs’ objection to charter incorporation was their belief that upon incorporation the defendant charter township board would acquire the authority to levy up to five mills. Defendant board shared plaintiffs’ desire to limit the township’s taxing authority to 1.16 mills; however, unlike plaintiffs, the board believed that operation of the Headlee Amendment would preclude an increase in the taxing authority in the absence of a vote expressly increasing the millage. In an attempt to resolve any ambiguity concerning the application of the Headlee Amendment, the board added a second proposal to the ballot:

SCIO CHARTER TOWNSHIP MILLAGE LIMITATION PROPOSITION
If the Township of Scio is incorporated as the Charter Township of Scio, shall the millage [to] be levied by said Charter Township be limited to 1.16 mills?

The incorporation proposition passed by four votes, 695 voting in favor of incorporation while 691 voting against. The electorate overwhelmingly approved the millage limitation proposition, 1,061 voting in favor and 272 voting against.

Following the election, plaintiffs filed this action quo warranto and for declaratory judgment seeking to: (1) enjoin certification of the results of the August 5, 1985, election; (2) declare that the re-[385]*385suits of the election were void; (3) order that the question of incorporation only be resubmitted to the electorate; and (4) declare that, if Scio Township becomes a charter township, the board is authorized to levy up to file mills tax on all assessed real and personal properties within Scio Township regardless of any vote of the electors to limit such taxation power.

The trial court found (1) the vote on the first proposition was effective to permit the general law Township of Scio to incorporate as the Charter Township of Scio, and (2) the Headlee Amendment applied so as to limit the taxing authority of Scio Township to 1.16 mills, unless and until the electors of Scio Township expressly vote to increase the millage.

In Waterford School Dist v State Bd of Ed, 98 Mich App 658, 663; 296 NW2d 328 (1980), lv den 409 Mich 934 (1980), this Court stated that the Headlee Amendment was designed to place specific limitations on state and local revenues and that the ultimate purpose was to place public spending under direct popular control. The trial court, using this statement of purpose, reasoned that one could not understand how a vote on a separate and distinct issue, i.e., charter township, implies an increase in taxes or taxing authority. Thus, the trial court interpreted Headlee to require a separate vote of the electorate before the charter township board is authorized to levy taxes above that rate authorized as a common-law township.

On the interpretation of constitutional provisions, People v Bd of State Canvassers, 323 Mich 523, 529; 35 NW2d 669 (1949), citing with approval Attorney General v State Bd of Assessors, 143 Mich 73; 106 NW 698 (1906), stated:

The other principle is that the first resort, in all [386]*386cases where a constitutional provision is to be interpreted, is to the natural signification of the words employed in the order and grammatical arrangement in which the framers of the instrument have placed them; and, if thus regarded, the words used convey a definite meaning, which involves no absurdity and no contradiction between different parts of the same writing, then the meaning apparent on the face of the instrument is the one which alone we are at liberty to say was intended to be conveyed. In such cases there is no room for construction. Cooley on Constitutional Limitations (5th ed), pp 69, 70.

The operative language of the Headlee Amendment provides:

Units of Local Government are hereby prohibited from levying any tax not authorized by law or charter when this section is ratified or from increasing the rate of an existing tax above that rate authorized by law or charter when this section is ratified, without the approval of a majority of the qualified electors of that unit of Local Government voting thereon. [Const 1963, art 9, § 31.]

The plain language of Headlee prohibits a local government from levying a tax in excess of that permitted by law or charter and it prohibits increasing the authorized tax rate without approval of the electors. But nowhere does Headlee require a direct vote of the electors in order to permit a local unit of government to increase taxes if the local unit of government has the authority by law or charter to levy the increase. See Bailey v Muskegon Co Bd of Comm’rs, 122 Mich App 808; 333 NW2d 144 (1983).

Here, the proposition which the electors of Scio Township approved not only submitted the question of whether they shall become a charter town[387]*387ship but also specified the charter under which the township would be governed in the event the electors voted to become a charter township. Section 27 of the charter township act grants authority to the charter township board to levy taxes of up to five mills. As a general rule, it is not essential to print the full text of a proposed law on a ballot; it is sufficient if enough is printed to identify the^ matter and show its character and purpose. 26 Am Jur 2d, Elections, § 221, p 51. Further, where a statute prescribes the form of the proposal, the statute should be strictly followed. Id. The proposal to incorporate in this case contained mandatory statutory language. There can be no doubt that the electors had ample notice that the effect of the proposal, if approved, would be to subject the township to all of the provisions of the charter township act.

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Smith v. Scio Township
433 N.W.2d 855 (Michigan Court of Appeals, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
433 N.W.2d 855, 173 Mich. App. 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-scio-township-michctapp-1988.