Union Township v. State Boundary Commission

428 N.W.2d 699, 170 Mich. App. 500
CourtMichigan Court of Appeals
DecidedAugust 2, 1988
DocketDocket No. 93087
StatusPublished

This text of 428 N.W.2d 699 (Union Township v. State Boundary Commission) 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
Union Township v. State Boundary Commission, 428 N.W.2d 699, 170 Mich. App. 500 (Mich. Ct. App. 1988).

Opinion

Per Curiam.

This is an appeal by the Michigan State Boundary Commission (sbc) from a decision of the Ingham Circuit Court. The circuit court reversed a decision of the sbc that would have allowed the City of Mt. Pleasant to annex approximately 27.9 acres of land now within Union Township and owned by Keith R. Feight, Maurice John, Jr., and Enterprise Club. The circuit court agreed with Union Township that the decision to permit annexation was improper because the sbc did not apportion between Mt. Pleasant and the township [502]*502a particular bond obligation that the township had incurred to provide funds for the construction of a sewer system within its boundaries. Despite the fact that the sewer system did not extend into the annexed property, the circuit court held that § 9(9) of the home rule cities act, MCL 117.9(9); MSA 5.2088(9), required such an apportionment.

Because we disagree with the circuit court’s interpretation of § 9(9), and otherwise find no error requiring reversal of the decision of the sbc, we reverse the decision of the circuit court and reinstate the order of the sbc permitting the annexation.

The petition for annexation was filed with the sbc on August 31, 1982, by Feight, John, and Enterprise Club. The property they sought to have annexed is undeveloped and apparently unsuitable for farming. It is zoned for single and multiple family residences. The property owners testified before the sbc that for ten years they had unsuccessfully petitioned the township to provide water services to their property. The state prohibits private wells in the area and the City of Mt. Pleasant refused to extend service itself outside of its boundaries unless the property was annexed to the city. At the time of the sbc’s deliberations in August and October of 1983, the township indicated that it intended to initiate a "long range program” to provide water service. The township had adopted a resolution to authorize the submission of a Michigan small cities grant application and had contacted the federal Farmer’s Home Administration about the possibility of a loan.

In addition to water service, the property also required sewerage services. Apparently, just a couple of years prior to the petition for annexation, the township issued $3,000,000 of bonds under the Revenue Bond Act, MCL 141.101 et seq.; MSA [503]*5035.2731 et seq., to partially fund a $6,000,000 sewerage project. The bonds are not secured by the full faith and credit of the township and are to be paid solely from revenues generated by the sewerage system. This sewerage system did not extend to the subject property, but the township did bore holes under one highway in anticipation of extending the system in that direction. The property owners also testified, and the township agreed, that the township’s system was not installed at a level deep enough to accommodate their property. The parties disagreed on the appropriate method and associated cost to correct the problem.

The City of Mt. Pleasant favored annexation and is prepared to provide both water and sewerage services, plus storm water drains, which the township lacked.

At its first adjudicative meeting on the petition, held August 9, 1983, the sbc voted against a motion to approve the petition. It also passed a motion to adjourn final determination of the petition for sixty days to allow the township to present evidence of its progress in developing a water system. At the subsequent adjudicative hearing held on October 25, 1983, the sbc granted the petition. At both hearings, the sbc heard at length testimony concerning the effect of annexation upon the ability of the township to retire the bond indebtedness. The sbc did not order any apportionment of a portion of that indebtedness to the City of Mt. Pleasant.

The township filed a petition for judicial review in the Ingham Circuit Court. As indicated above, the circuit court reversed the decision of the sbc after determining that § 9(9) of the home rule cities act, MCL 117.9(9); MSA 5.2088(9), required that the sbc apportion to the City of Mt. Pleasant [504]*504a portion of the township’s bond debt attributable to the annexed property.

Section 9(9) of the home rule cities act, MCL 117.9(9); MSA 5.2088(9), provides:

The provisions of section 14 shall not be applicable to an annexation approved by the commission of part of a township or village to a city except in the event of outstanding bonds or other evidences of indebtedness of the township or village. In such event, the commission shall determine and order an equitable division of assets and liabilities which relate to the bonds or other indebtedness.

Section 14 of the act, MCL 117.14; MSA 5.2093, provides generally for the apportionment or succession of real property owned by one unit of government when it is annexed in whole or in part by another unit. With respect to the annexation of a part of a township or village to a city, § 14 provides:

Whenever a part of a city, village or township is annexed to a city, the real property in the territory annexed which belongs to the city, village or township from which it is taken shall be sold by the authorities of the city, village or township in which said land was located before such annexation, and that portion of the proceeds of such sale shall be paid to the city acquiring such territory which shall be in the same ratio to the whole amount received as the assessed valuation of the taxable property in the territory annexed bears to the assessed valuation of the taxable property in the entire city, village or township from which said territory is taken. Whenever a part of a city, village or township is annexed to a city, all of the personal property belonging to any such city, village or township from which territory is detached shall be divided between the township, city or village from which said territory is detached and [505]*505the city to which the territory is annexed, in the same ratio as the assessed valuation of the taxable property in the territory annexed bears to the assessed valuation of the taxable property in the entire city, village or township from which said territory is taken.

The sbc argued below and again in this appeal that § 9(9) does not apply to the present situation because it specifically is stated to apply only "in the event of outstanding bonds or other evidences of indebtedness of the township.” Emphasizing the Legislature’s reference to "other evidences of indebtedness,” respondents, the State Boundary Commission, the City of Mt. Pleasant, and the individual property owners, urge that the term "bonds,” as used in § 9(9), must therefore be interpreted as including only bonds that are considered an indebtedness of the township. Because § 7(3) of the Revenue Bond Act, MCL 141.107(3); MSA 5.2737(3), expressly states that a bond shall not constitute an indebtedness of the borrower "unless its full faith and credit are pledged,” respondents contend that these particular bonds are not an indebtedness and § 9(9) does not apply.

The circuit court did not specifically address this argument. It simply stated that § 9(9) was "clear and unambiguous” and requires the apportionment of both bonds—whether indebtedness or not —and other evidences of indebtedness.

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Cite This Page — Counsel Stack

Bluebook (online)
428 N.W.2d 699, 170 Mich. App. 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-township-v-state-boundary-commission-michctapp-1988.