Washtenaw County Health Department v. T & M Chevrolet, Inc.
Washtenaw County Health Department v. T & M Chevrolet, Inc.
Opinion of the Court
Third party defendant City of Saline appeals from the May 24, 1976, order of Washtenaw County Circuit Judge Ross W. Campbell.*
The city is willing to provide sewer service to the disputed properties only if those properties are annexed to the city. But the township will not agree to annexation and the property owners have never initiated formal annexation proceedings.
On appeal, the city argues that the trial judge misinterpreted the applicable statutes. All parties agree that this litigation requires an interpretation of 1972 PA 288; MCLA 123.281; MSA 5.2769(151). The trial judge based his order on subsection (1) of § 3 that act which reads:
The judge read this statute as meaning that the city must provide sewer service if the township demands it. On appeal, the city argues that subsection (2), not subsection (1), should control. Subsection (2) of § 3 of the act states:
"Sec. 3. (2) Structures in which sanitary sewage originates lying outside the limits of the city, village or township in which the available public sanitary sewer lies shall be connected to the available public sanitary sewer after. the approval of both the city, village or township in which the structure and the public sanitary sewer system lies [sic] and if required by the city, village or township in which the sewage originates.” MCLA 123.283(2); MSA 5.2769(153X2).
This section would require the approval of both the city and the township and would at least arguably allow the city to demand annexation as a condition of providing service.
The definition of "available public sanitary sewer” as used in the two preceding quotations is also important. The phrase is defined in MCLA 123.282(1); MSA 5.2769(152X1).
"Sec. 2. (1) 'Available public sanitary sewer system’ means a public sanitary sewer system located in a right of way, easement, highway, street or public way which crosses, adjoins or abuts upon the property and passing not more than 200 feet at the nearest point from a structure in which sanitary sewage originates.”
The act, popularly known as the sewage disposal
"Structures in which sanitary sewage originates shall be connected to any available public sanitary sewer system.”
On June 14, the Committee on Conservation and Recreation reported out a substitute bill entitled Substitute for House Bill No. 6259. The substitute bill replaced § 2(1) with renumbered §§ 3(1) and 3(2) worded as follows:
"Sec. 3. (1) Structures in which sanitary sewage originates lying within the limits of a city, village or township shall be connected to any available public sanitary sewer in the city, village or township.
"(2) Structures in which sanitary sewage originates lying outside the limits of the city, village or township in which the available public sanitary sewer lies shall be connected to the available public sanitary sewer after the approval of both the city, village or township in which the structure and the public sanitary sewer system lies [sic], ”
On June 29, 1972, the bill was read a second time and on motion. of Representative Sietsema § 3(1) was amended by adding thereto "if required by the city, village, or township” and § 3(2) was amended by adding thereto "and if required by the city,
The trial judge held that § 3(1) governed. That conclusion is technically defendable given a literal reading of the section.
We now proceed to consider the applicability of subsection (2) to the present case. Again we are confronted by the literal interpretation syndrome. By its terms the subsection applies only when the connecting structure and the available "sewer” are in separate municipalities. Does "sewer” mean any single line which is part of an overall disposal system or does it mean the main system itself? Literally read it means the former and if this be true, then subsection (2) would not govern since, as disclosed by the map, the two properties involved and the sewer line to which they could connect both lie in Pittsfield Township. This is the interpretation made by the trial judge in holding that subsection (2) did not apply. But if "sewer” may reasonably be found to mean sewer system, subsection (2) would apply since the system is in the City of Saline. This is the interpretation urged by the city.
There are indications that the act uses "sewer” and "sewer system” interchangeably. Sections 3(1) and 3(3) both use the key phrase "available public sanitary sewer”. But the definition in § 2(1) defines "available public sanitary sewer system”. (Emphasis added.) That term is defined as a "sewer system located in a right of way, easement, highway,
Further, we call attention to the amendments made by the committee substitute for the original bill. Those amendments indicate a concern by the Legislature that no local government have control over another’s sewer system. Unfortunately the construction given the statute by the respected trial court empowers Pittsfield Township to require and compel a connection to a sewer system owned by the City of Saline. Such an interpretation is totally incompatible with the intent of the Legislature as evidenced by the history of the legislation and the wording of the bill as enacted.
The issue raised is troublesome. There well may be situations where a city’s demand for annexation would be unreasonable or would permit pollution from a large number of structures. For example, this could occur where a city which had consistently furnished sewage services to a township area abruptly changes its position and demands annexation before allowing connections from recently constructed homes or buildings located within 200
Likewise, the city policy is not new nor is it being employed by the city to accomplish that which the city had not successfully attempted before. In 1965 the Ford Motor Company purchased a large parcel of land in Pittsfield Township situated along the northeast city limits as shown in the map attached. The company requested city sewer and water service which the city agreed to provide if the parcel would be annexed to the city. The township then released the parcel for annexation to the city and a sewer line was constructed. The line runs 1800 feet northeasterly on Michigan Avenue from the easterly city limits to a point just south of the Ford Motor Company property and thence under the street to the Ford property thus connecting two parts of the city. It is this sewer line which is the subject of the present dispute.
In view of the factual situation presented in the instant case and assuming, arguendo, that there may be certain other situations where a city may not require annexation as a condition of approval to connection, we do not consider the demand for
Reversed. No costs, a public question being involved.
There was some question as to whether the judgment below was a final judgment appealable as of right. The trial judge stated that his decision mooted all other questions. Appellee, while questioning the status of the appeal, does agree that a prompt decision would aid all concerned. We will treat this case as an appeal as of right. GCR 1963, 806.1.
The various amendments referred to above will be found in Journal of the House, 1972, Vol 3, pp 2247, 2523, and 2552.
Journal of the Senate 1972, Vol 2, pp 1888, 1934, and 1948.
"In accordance with the plain language of statutory provisions * * * [Sec. 3(1)] Defendants’ structures are located within the limits of a township and the 'available’ sewer is in Pittsfield Township. Therefore, defendants’ structures 'shall be connected’ to the sewer if Pittsfield Township requires. Pittsfield Township is willing to so require in this case.” Opinion of Trial Judge, p 5.
For example, assuming that the structure and the sewer both lie in the city, subsection (1) would read: "structures in which sanitary sewage originates lying within the limits of a city * * * shall be connected to any available public sanitary sewer in the city * * * if required by the city.” (Emphasis added.)
The sewer line appears as the dotted line in the lower right corner of the map and is clearly marked thereon as Saline City Sanitary Sewer Line.
We express no opinion on the merits of the cross-claim filed by Pittsfield Township or on any other issues not raised by the appeal pleading. The cross-claim alleges that the City of Saline acted illegally by installing the arm of its sewer across a part of the township without first obtaining the township’s approval.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.