|Case Forum:||Michigan Supreme Court|
|Keywords:||Governmental Tort Liability Act (GTLA), governmental immunity, land use, proprietary function exception|
Marcia L. Howe (P 37518) | Johnson, Rosati, LaBarge, Aseltyne & Field, P.C. | 34405 W. Twelve Mile Road, Suite 200 | Farmington Hills, MI 48331-5627 | 248-489-4100
1. Michigan Townships Association (MTA)
The City of Ferndale’s concern for fiscal management,
On November 13, 2006, the Court heard oral argument on the application for leave to appeal the December 20, 2005 judgment of the Court of Appeals. On order of the Court, the application is again considered, and it is DENIED, because we are not persuaded that the questions presented should be’reviewed by this Court.
|MSC requested LDF amicus brief?||Yes|
Plaintiff owns an office building in the city of Ferndale. The building is located in a retail and office use zoning district. Plaintiff and AT&T Wireless Services entered into a lease agreement by which AT&T would place a wireless-communication antenna on top of plaintiff’s building. The contract was contingent upon AT&T’s ability to secure a zoning variance from the city. Public hearings were held with the zoning board of appeals which ultimately denied the variance even though plaintiff already had one wireless-