Casco Township v. Secretary of State
Casco Township v. Secretary of State
Dissenting Opinion
(dissenting.) I respectfully dissent. The Home Rule City Act (HRCA), MCL 117.1 et seq., is not ambiguous as it relates to attachment and detachment elections. See Williamston v Wheatfield Twp, 142 Mich App 714, 718-719; 370 NW2d 325 (1985) (“There is no ambiguity in the detachment procedure provided for by the home rule cities act. Read literally, its provisions are clear. . .. [B]ecause the language of the provisions [MCL 117.9 and MCL 117.9b] now in effect is clear and unambiguous, we are precluded from construction or interpretation to vary that plain meaning.”). The HRCA permits a single election to determine the detachment of property from one city to two townships. Accordingly, the Secretary of State was duty-bound to certify the petition and conduct the election. I would reverse.
I respectfully disagree with the majority’s conclusion that the HRCA is ambiguous merely because the statutory language does not expressly sanction or prohibit a single election to detach territory from one city and attach it to more than one township. To determine whether a statute is ambiguous, we must examine the relevant statutory provisions in context and determine whether the language of the statute is susceptible to more than one interpretation. If statutory provisions are in conflict, and therefore susceptible to more than one meaning, an ambiguity exists. Klapp v United Ins Group Agency, Inc, 468 Mich 459, 467, 480; 663 NW2d 447 (2003) (explaining that “if two provisions of the same contract irreconcilably conflict with each other, the language of the contract is ambiguous”); American Alternative Ins Co, Inc v York, 469 Mich 948; 670 NW2d 567 (2003) (MARKMAN, J., concurring) (noting that the rules applicable to determining whether a contract is ambiguous may apply with equal force to matters of statutory construction). However, where, as here, a
MCL 117.6 provides for an election originating by a single petition to detach territory from, or add territory to, multiple cities, or for the consolidation of multiple cities, villages, or townships into one city:
Cities may be incorporated or territory detached therefrom or added thereto, or consolidation made of 2 or more cities or villages into 1 city, or of a city and 1 or more villages into 1 city, or of 1 or more cities or villages together with additional territory not included within any incorporated city or village into 1 city, by proceedings originating by petition therefor signed by qualified electors who are freeholders residing within the cities, villages, or townships to be affected thereby ....
Admittedly, the present case involves a detachment from one city, rather than multiple cities. Additionally, the present petition was not initiated under MCL 117.6, but was initiated under MCL 117.11, which requires the involvement of the Secretary of State.
MCL 117.11 brings the Secretary of State into the petition certification process where the terrtory to be affected by the proposed boundary change is situated in more than one county.
Opinion of the Court
Plaintiffs Township of Casco, Township of Columbus, Patricia Iseler, and James Hoik, appeal as of right the trial court’s September 10, 2002, order deny
This case raises a novel question of statutory interpretation concerning whether a single “detachment election” — i.e., a vote on removing land from a city to make it part of a township — can be held to move land from a city to more than one township. The Home Rule City Act (HRCA), MCL 117.1 et seq., does not specify whether a single election for a detachment of land from one city into two townships is permissible. But logic dictates that a township or city should not have voting privileges over matters that involve a different township or city. Accordingly, we find that the HRCA does not unambiguously endorse a single election for multiple detachments of land involving more than two governmental entities.
I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY
The HRCA provides for elections on changing boundaries of cities, villages and townships. At least twenty-five people in each local government unit that would gain or lose territory in the change must sign a petition calling for a referendum.
The Winkles wanted the annexation because they hoped to develop the land commercially, which could not be done without the sewer and water lines that Richmond offered.
The individual plaintiffs, among others, then signed a petition, pursuant to MCL 117.9, to detach the land from Richmond and return it to Columbus and Casco Townships. The petition called for a single election in which votes from Richmond and the two townships would be totaled, and an overall majority would decide the question. Although Casco and Columbus Townships
The Secretary of State, viewing the question as novel, requested legal advice from the Attorney General. In an informal opinion, the Attorney General advised that despite the absence of controlling case law, the petition’s request for a single vote on multiple detachments was not authorized by statute. The Secretary of State agreed with this assessment and informed plaintiffs that the vote could not be scheduled.
Plaintiffs then sued in Ingham Circuit Court for a writ of mandamus requiring the Secretary of State to authorize the referendum. The trial court denied the writ, ruling that the Secretary of State is only required to certify those petitions that are clearly appropriate. According to the trial court, the Secretary of State’s determination that the law did not authorize the type of vote the petition called for was reasonable.
II. HOME RULE CITY ACT
Plaintiffs initially contend that the HRCA unambiguously authorizes them to file a single petition and obtain a single election on the detachment question facing the city and the two townships. We disagree. Issues of statutory interpretation are questions of law subject to review de novo on appeal.
The primary goal in statutory construction is to ascertain and give effect to the intent of the Legisla
The relevant statutory text from MCL 117.11 provides as follows:
When the territory to be affected by any proposed incorporation, consolidation or change is situated in more than 1 county the petition hereinbefore provided shall be addressed and presented to the secretary of state, with 1 or more affidavits attached thereto sworn to by 1 or more of the signers of said petition, showing that the statements contained in said petition are true, that each signature affixed thereto is the genuine signature of a qualified*392 elector residing in a city, village or township to be affected by the carrying out of the purposes of the petition and that not less than 25 of such signers reside in each city, village or township to be affected thereby. The secretary of state shall examine such petition and the affidavit or affidavits annexed, and if he shall find that the same conforms to the provisions of this act he shall so certify, and transmit a certified copy of said petition and the accompanying affidavit or affidavits to the clerk of each city, village or township to be affected by the carrying out of the purposes of such petition, together with his certificate as above provided, and a notice directing that at the next general election occurring not less than 40 days thereafter 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 .... The several city, village and township clerks who shall receive from the secretary of state the copies and certificates above provided for shall give notice of the election to be held . .. ,[17 ]
Contrary to plaintiffs’ argument, we do not find that this language explicitly states that a single election is sufficient to detach territory from a city into more than one township. Nor, however, do we find that that the statute definitively states the opposite. The Legislature’s mere use of the phrase “the district” fails to clarify where a vote can be taken, especially when the very controversy is what the Legislature intended “the district” to entail. Similarly, the use of language like “each city, village or township” does not clearly imply that more than one township could be involved in such a vote. It seems equally as likely that the word “each” is used because at least two governmental entities are involved in every detachment vote.
Because reasonable minds can differ with respect to whether a single election is permissible under the instant circumstances, we must consider the object of
After reviewing the well-briefed arguments and cases provided by both parties, we find no case law that directly addresses the current situation. Rather, the cases cited by the parties, while helpful in terms of analysis, concern different factual scenarios and are largely irrelevant given the HRCA’s subsequent amendments.
There are two separate questions presented on plaintiffs’ petition in this case; i.e. whether to detach land from Richmond into Casco Township and whether to detach land from Richmond into Columbus Township. In simple terms, it is clearly unfair that citizens of one township be allowed to vote on issues that affect another township.
We therefore reject plaintiffs’ argument that the Secretary of State improperly refused to certify the petition and schedule an election. The Secretary of State is only permitted to certify or schedule authorized petitions and elections.
II. WRIT OF MANDAMUS
Plaintiffs further assert that the trial court abused its discretion when it denied their request for a writ of
To obtain a writ of mandamus, a plaintiff must have a clear legal right to the performance of the duty, the defendant must have a clear legal duty to perform it, the act must be ministerial, and the plaintiff must be without other adequate legal or equitable remedy.
III. DECLARATORY RELIEF
Plaintiffs ultimately argue that the trial court erroneously failed to address their request for declaratory relief. We disagree. Entitlement to declaratory relief is a question of law that is reviewed de novo by this Court.
Although the trial court may not have used formal language specifically denying declaratory relief, it found that plaintiffs’ interpretation of the statute was incorrect and dismissed the case. Implicit in both these actions was a finding that plaintiffs are not entitled to declaratory relief.
Affirmed.
MCL 117.11.
MCL 117.11.
MCL 117.11.
Casco Twp v State Boundary Comm, 243 Mich App 392, 395-396; 622 NW2d 332 (2000).
Id. at 396; MCL 117.9(4).
Casco Twp, supra at 396.
Id.
Id. at 400-403.
Eggleston v Bio-Medical Applications of Detroit, Inc, 468 Mich 29,32; 658 NW2d 139 (2003).
Weahland v Toledo Engineering Co, Inc, 467 Mich 344, 347; 656 NW2d 175 (2003).
Roberts v Mecosta Co Gen Hosp, 466 Mich 57, 63; 642 NW2d 663 (2002).
DiBenedetto v West Shore Hosp, 461 Mich 394, 402; 605 NW2d 300 (2000).
In re MCI, 460 Mich 396, 411; 596 NW2d 164 (1999).
Morris & Doherty, PC v Lockwood, 259 Mich App 38, 44; 672 NW2d 884 (2003).
Emphasis added.
See Morris & Doherty, supra at 44.
Williamston v Wheatfield Twp, 142 Mich App 714, 718; 370 NW2d 325 (1985).
MCR 7.215(J)(1).
See, e.g., Renne v Oxford Twp, 380 Mich 39; 155 NW2d 852 (1968); Walsh v Secretary of State, 355 Mich 570; 95 NW2d 511 (1959); Cook v Kent Co Bd of Canvassers, 190 Mich 149; 155 NW 1033 (1916).
Cook, supra at 154.
Id.
See Morris & Doherty, supra at 44.
Const 1963, art 1, § 1.
MCL 117.11.
In re MCI, supra at 443.
Id.; Lickfeldt v Dep’t of Corrections, 247 Mich App 299, 302; 636 NW2d 272 (2001).
Genesis Ctr, PLC v Comm’r of Financial & Ins Services, 246 Mich App 531, 540; 633 NW2d 834 (2001).
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