Township of Casco v. Secretary of State

701 N.W.2d 102, 472 Mich. 566
CourtMichigan Supreme Court
DecidedJune 14, 2005
DocketDocket 126120, 126369
StatusPublished
Cited by57 cases

This text of 701 N.W.2d 102 (Township of Casco v. Secretary of State) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Township of Casco v. Secretary of State, 701 N.W.2d 102, 472 Mich. 566 (Mich. 2005).

Opinions

CAVANAGH, J.

These consolidated appeals present two issues. First, we must address whether a single detachment petition and a single vote on that petition, pursuant to the terms of the Home Rule City Act, MCL 117.1 [569]*569et seq., may encompass territory to be detached from one city and added to more than one township.1 Second, if a single detachment petition and a single vote may encompass territory to be added to more than one township, we must determine whether a writ of mandamus compels the Secretary of State to issue a notice directing an election on the change of boundaries sought by plaintiffs in each case. Because we conclude that the Home Rule City Act does not allow a single detachment petition and a single vote on detachment for adding territory to multiple townships, mandamus is not proper in these cases. Accordingly, the decisions of the Court of Appeals are affirmed.

I. STATEMENT OF FACTS AND PROCEEDINGS

CASCO TWP v SECRETARY OF STATE

Plaintiffs in this case are two adjacent townships— Casco Township and Columbus Township — and residents of those townships who seek to detach territory from defendant city of Richmond. The territory sought to be detached is territory that was previously annexed to the city of Richmond.

Plaintiffs seek to present the ballot issue covering both townships in a single petition. This would result in a single vote about whether to detach territory from the city of Richmond and add the territory to Casco Township and Columbus Township. The residents of one township would be voting on the return of property to their township, as well as the return of property to a township in which they do not reside. The Secretary of State refused to approve an election on plaintiffs’ petition because an election on the petition would allow [570]*570residents of one township to vote on, and possibly determine, a change in the boundaries of another township in which they do not reside.

Plaintiffs filed a complaint for mandamus and declaratory relief. The circuit court dismissed plaintiffs’ complaint for mandamus to compel the Secretary of State to act because it was not clear that a single petition seeking detachment from a city and addition of the territory to two townships was permitted by the Home Rule City Act. The Court of Appeals affirmed the decision of the circuit court. Casco Twp v Secretary of State, 261 Mich App 386; 682 NW2d 546 (2004). We granted plaintiffs’ application for leave to appeal and ordered that the case be argued and submitted with Fillmore Twp v Secretary of State, 471 Mich 890 (2004).

FILLMORE TWP v SECRETARY OF STATE

Plaintiffs are Fillmore Township and electors from four townships — Fillmore Township, Holland Charter Township, Park Township, and Laketown Township— and the city of Holland who want to detach territory from the city of Holland and add the territory to the four townships. Plaintiffs filed a joint detachment petition with the Secretary of State, asking that the petition be certified and that a single election be held regarding the territory that was proposed to be detached from the city of Holland. The Secretary of State refused to certify the petition because the petition involved an effort to detach territory for addition to more than one township.

Plaintiffs filed a complaint for mandamus in the Court of Appeals, and the complaint was held in abeyance pending the decision in the Casco Twp case. Unpublished order, entered May 19, 2003 (Docket No. 245640). Plaintiffs’ complaint was subsequently denied by the Court of Appeals on the basis of the Casco Twp [571]*571decision. Unpublished order, entered May 6, 2004 (Docket No. 245640). We granted plaintiffs’ application for leave to appeal and ordered that the case be argued and submitted with the Casco Twp case. 471 Mich 890 (2004).2

H. STANDARD OF REVIEW

The proper interpretation of a statutory provision is a question of law that this Court reviews de novo. Lincoln v Gen Motors Corp, 461 Mich 483, 489-490; 607 NW2d 73 (2000). A trial court’s decision regarding a writ of mandamus is reviewed for an abuse of discretion. In re MCI Telecom Complaint, 460 Mich 396, 443; 596 NW2d 164 (1999).

III. ANALYSIS

These cases involve an issue of statutory interpretation. The primary goal of statutory interpretation is to give effect to the intent of the Legislature. Id. at 411. The first step is to review the language of the statute. If the statutory language is unambiguous, the Legislature is presumed to have intended the meaning expressed in the statute and judicial construction is not permissible.

The Home Rule City Act, MCL 117.1 et seq., addresses four processes — incorporation, consolidation, annexation, and detachment.3 The issue before this Court pertains only to the process of detachment. [572]*572Detachment means that territory is taken from an existing city and added to an existing township.

Section 6 of the Home Rule City Act, MCL 117.6, provides that a detachment be initiated by “proceedings originating by petition therefor signed by qualified electors who are freeholders residing within the cities, villages, or townships to be affected thereby . . . .” (Emphasis added.) Notably, MCL 117.8 and MCL 117.11 delineate the procedure for submitting a petition for a change of boundaries. MCL 117.8(1) provides in relevant part that “the board shall, by resolution, provide that the question of making the proposed incorporation, consolidation, or change of boundaries be submitted to the qualified electors of the district to be affected at the next general election or at a special election before the next general election.” (Emphasis added.) Likewise, MCL 117.11(2) provides that “the question of making the incorporation, consolidation, or change of boundaries petitioned for shall be submitted to the electors of the district to be affected.” (Emphasis added.) Michigan election law defines a qualified elector as “any person who possesses the qualifications of an elector as prescribed in section 1 of article 2 of the state constitution and who has resided in the city or township 30 days.”4 MCL 168.10.

[573]*573Because Casco Township voters do not reside in Columbus Township, they are not “qualified electors” of Columbus Township who can sign a petition and vote on the detachment of territory from the city of Richmond for addition of the territory to Columbus Township. Likewise, because Columbus Township voters do not reside in Casco Township, they are not . “qualified electors” of Casco Township who can sign a petition and vote on the detachment of territory from the city of Richmond for addition of the territory to Casco Township. Therefore, a single petition and a single vote on multiple detachments violate the statutory language of the Home Rule City Act.

Additional support for this position is found in the statutory language used in other parts of the Home Rule City Act. MCL 117.9(1) defines the “district to be affected” as the following: “The district to be affected by every such proposed incorporation, consolidation, or change of boundaries shall be deemed to include the whole of each city, village, or township from which

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Cite This Page — Counsel Stack

Bluebook (online)
701 N.W.2d 102, 472 Mich. 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/township-of-casco-v-secretary-of-state-mich-2005.