City of Lansing v Wolverine Pipeline
275 Mich App 423 (2007)
Issue: Right-of-way control – interpretation of consent clause of Michigan Constitution
Following the Legislature’s amendment of the Act, this action was filed by the city in circuit court on the basis that the Michigan Constitution required Wolverine to obtain consent from the city. The circuit judge ruled that the city’s ability to withhold its consent under Const 1963, art 7, sec 29 was weakened by the Michigan Supreme Court’s decision in City of Taylor v Detroit Edison. See case no. 7. Lansing appealed, arguing that the Taylor decision addressed the reasonable control clause of art 7, sec 29 of the Michigan Constitution and did not address the municipal consent clause of the same section. The consent clause basically provides that no public utility shall have the right to use a right of way located within a municipality without its consent.
Why did the LDF get involved?
|What action did the LDF take?
Filed an amicus brief with the Michigan Court of AppealsFiled an amicus brief with Michigan Supreme Court
What was the outcome?
The Michigan Supreme Court denied the city’s request for an appeal.
Who prepared the amicus brief?