Order Michigan Supreme Court
Lansing, Michigan
April 6, 2016 Robert P. Young, Jr.,
Chief Justice
153008 Stephen J. Markman
Brian K. Zahra
TERIDEE LLC, JOHN F. KOETJE TRUST, Bridget M. McCormack
David F. Viviano
and DELIA KOETJE TRUST, Richard H. Bernstein
Plaintiffs-Appellees, Joan L. Larsen,
v SC: 153008 Justices
COA: 324022
Wexford CC: 2013-024803-CH
HARING CHARTER TOWNSHIP and
CLAM LAKE TOWNSHIP,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the December 8, 2015
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the defendant townships’ Agreement
pursuant to the Intergovernmental Conditional Transfer of Property by Contract Act,
1984 PA 425, MCL 124.21 et seq. (Act 425), was void because certain provisions of the
Agreement contracted away Haring Township’s legislative zoning authority; (2) if so,
whether the offending provisions of the defendant townships’ Act 425 Agreement were
severable; and (3) whether the challenged provisions of the Act 425 Agreement were
authorized by Section 6(c) of Act 425, MCL 124.26(c).
The Michigan Townships Association and the Michigan Municipal League are
invited to file briefs amicus curiae. Other persons or groups interested in the
determination of the issues presented in this case may move the Court for permission to
file briefs amicus curiae.
We further ORDER that this case be argued and submitted to the Court together
with the case of Clam Lake Twp v Department of Licensing and Regulatory Affairs
(Docket No. 151800), at such future session of the Court as both cases are ready for
submission. In light of the joint submission, the time allotted for oral argument shall be
limited to fifteen minutes per side in each case. MCR 7.314(B)(1). Motions for
permission to file briefs amicus curiae and briefs amicus curiae regarding these two cases
should be filed in Clam Lake Twp v Department of Licensing and Regulatory Affairs
(Docket No. 151800) only and served on the parties in both cases.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 6, 2016
a0330
Clerk