Order Michigan Supreme Court
Lansing, Michigan
June 3, 2016 Robert P. Young, Jr.,
Chief Justice
151800 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
CLAM LAKE TOWNSHIP and HARING Joan L. Larsen,
CHARTER TOWNSHIP, Justices
Appellants,
v SC: 151800
COA: 325350
Wexford CC: 2014-025391-AA
DEPARTMENT OF LICENSING AND
REGULATORY AFFAIRS / STATE
BOUNDARY COMMISSION, TERIDEE LLC,
and CITY OF CADILLAC,
Appellees.
_________________________________________/
AMENDMENT TO ORDER
On order of the Court, this Court’s April 6, 2016 order is amended, to correct a
clerical error, and reads as follows:
On order of the Court, the application for leave to appeal the May 26, 2015 order
of the Court of Appeals is considered, and it is GRANTED. The parties shall include
among the issues to be briefed: (1) whether Casco Twp v State Boundary Comm’n, 243
Mich App 392, 399 (2000), correctly held that the State Boundary Commission (SBC)
has the authority to determine the validity of an agreement made pursuant to the
Intergovernmental Conditional Transfer of Property by Contract Act, 1984 PA 425, MCL
124.21 et seq. (Act 425); (2) if so, whether the SBC in this case properly determined that
the appellant townships’ Act 425 Agreement was invalid; and (3) whether, despite the
language of MCL 117.9(6) and MCL 123.1012(3) (providing a two-year waiting period
before resubmission of a petition for annexation), the doctrine of collateral estoppel
applied to invalidate the SBC’s 2014 approval of the appellee property owner’s petition
for annexation on the basis of the SBC’s denial of the same property owner’s petition in
2012.
We further ORDER that this case be argued and submitted to the Court together
with the case of TeriDee LLC v Haring Charter Twp (Docket No. 153008), at such future
2
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.
June 3, 2016
s0330t
Clerk