Kyes v. Allegan County Board of Commissioners
Kyes v. Allegan County Board of Commissioners
Opinion of the Court
On August 7, 1973 the defendant Allegan County Board of Commissioners (hereinafter referred to as the board) voted unanimously to construct a building for the Department of Social Services at Dumont Lake some 3-1/2 miles from the city of Allegan, the Allegan County seat. The construction is to be paid for with Federal revenue-sharing funds.
Plaintiffs, a group of property owners and taxpayers residing within Allegan County, brought suit to enjoin the construction at the proposed site. Plaintiffs claimed that the board could not authorize construction at a location other than the county seat, that the board could not authorize the expenditure of the federal funds without voter approval, and that the board, acted arbitrarily when it chose the Dumont Lake site.
Plaintiffs sought a temporary restraining order. The testimony revealed that the decision to build at Dumont Lake was carefully considered. The site had several advantages: (1) there was plenty of parking space; (2) the county already owned the land; (3) all needed utilities were already there; and (4) the traffic studies were favorable. The
Plaintiffs claim the board acted arbitrarily when it selected the Dumont Lake site.
When reviewing the governmental decisions of municipal boards, Michigan courts will not interfere unless the board is found to have acted illegally, capriciously, or contrary to sound public policy. North Muskegon v Bolema Construction Co, 335 Mich 520; 56 NW2d 371 (1953), and Brent v Detroit, 27 Mich App 628; 183 NW2d 908 (1970). The trial court found that the board had reached its decision in an entirely proper manner; such a finding should not be disturbed unless it is clearly erroneous. Shaya v Stein, 42 Mich App 91; 201 NW2d 273 (1972). The facts of this case do not warrant such a disturbance.
Plaintiffs next contend that the board lacked the authority to build at a location other than the county seat. Plaintiffs contend that MCLA 45.16; MSA 5.291 requires that all necessary public county buildings be kept at the county seat. Plaintiffs believe that the building housing the county offices for the Department of Social Services is a necessary building within the meaning of the act. We disagree.
While MCLA 45.16; MSA 5.291 does not explain what is meant by "all other necessary public buildings”, we believe that the answer can be found in the constitutional framework from which this statute arose. OAG, 1939, No 13,321 (Nov 10, 1939). Article 7, § 5, of the 1963 Michigan Constitution
Finally, plaintiffs claim that the board could not authorize the expenditure of public funds without voter approval. This issue turns upon the proper construction of MCLA 141.61a; MSA 5.2251(1) which reads:
"The board of commissioners without submitting the same to the vote of the electors shall have the right or power to authorize annually the expenditure of any funds on hand not raised by taxation for the purpose of constructing, equipping or making alterations in any of the public buildings in the county if said board of supervisors shall by resolution of a majority of the total membership of said board authorize the same: Provided, That no such moneys shall be expended without the vote of the people if said moneys are to be raised by taxation.”
Plaintiffs contend that since Federal revenue-sharing funds are raised by taxation MCLA 141.61a; MSA 5.2251(1) requires voter approval of their expenditure on building projects.
We disagree.
It is undeniably true that Federal revenue-sharing funds are raised by taxation, but plaintiffs are
Affirmed. No costs, a public quéstion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.