Order Michigan Supreme Court
Lansing, Michigan
May 12, 2017 Stephen J. Markman,
Chief Justice
150695 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
In re APPLICATION OF MICHIGAN ELECTRIC Richard H. Bernstein
TRANSMISSION COMPANY FOR Joan L. Larsen
TRANSMISSION LINE Kurtis T. Wilder,
_________________________________________ Justices
CHARTER TOWNSHIP OF OSHTEMO,
Appellant,
v SC: 150695
COA: 317893
MPSC No.: 00-017041
MICHIGAN ELECTRIC TRANSMISSION
COMPANY LLC,
Petitioner-Appellee,
and
MICHIGAN PUBLIC SERVICE COMMISSION,
Appellee.
_________________________________________/
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 judgment
of the Court of Appeals on the basis that appellant Oshtemo Township exercised control
over its streets pursuant to clause three of Const 1963, art 7, § 29 when it enacted Zoning
Ordinance No. 525 and that § 230.004(b) of such Ordinance—requiring that all new
utility “lines, wires, and/or related facilities and equipment” within the Township be
constructed underground “within the public road right-of-way and to a point within 250
feet either side of said public right-of-way”—is unconstitutional because it is
unreasonable. See People v McGraw, 184 Mich 233, 238 (1915). Therefore, the
certificate that appellee Michigan Public Service Commission issued to appellee
Michigan Electric Transmission Company pursuant to the Electric Transmission Line
Certification Act, MCL 460.564 et seq., prevails over § 230.004(b) of Ordinance No.
525.
WILDER, J., took no part in the decision of this case.
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.
May 12, 2017
p0509
Clerk