|Michigan Supreme Court
|sewage treatment, wastewater collection, service provision
Jeffrey V.H. Sluggett (P39440) | Crystal L. Morgan (P68837) | Law Weathers | 800 Bridgewater Place | 333 Bridge Street NW |
The City is not required to “rubber-stamp” connections to its wastewater treatment facility. The City has the right to exercise its reasonable discretion in deciding whether to approve or disapprove connections to its system—a system for which it is legally responsible. To the extent the City has determined to rely on disapproving connections without annexation or a 425 agreement, this Court should conclude—for the reasons discussed above—that the City is legally entitled to make such a determination and that doing so is not arbitrary or unreasonable. The Townships’ policy arguments do not demand a different result.The Townships bargained for the provision of wastewater treatment services until May 12, 2017. Thus, if the City provides wastewater treatment services to the Townships until May 12, 2017, the Townships will have received the benefit of their bargains. The Townships were aware of the expiration date of the contracts when they were executed. The law presumes that a party who has executed a contract has read the contract. The City is not required to renew the contracts upon their expiration. And the nonrenewal of the contracts terminates the legal relationship between the City and the Townships. Failure to enforce the contracts as written will have a chilling effect on intergovernmental agreements and collaborative efforts throughout the state.
On order of the Court, leave to appeal having been granted and the briefs and oral arguments of the parties having been considered by the Court, we AFFIRM the October 12, 2010 judgment of the Court of Appeals. Although courts are not bound by the parties’ determination that a case is ripe, we agree with the parties that considering all of the circumstances this case is ripe for adjudication and that the claims are not contingent or hypothetical.
|MSC requested LDF amicus brief?
In 1977 and 1980, the Wexford County Board of Public Works, acting on behalf of the plaintiffs into contracts regarding waste water collection and treatment. The contracts were