Order Michigan Supreme Court
Lansing, Michigan
January 25, 2012 Robert P. Young, Jr.,
Chief Justice
8/November 2011 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
142117-8 Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
CHARTER TOWNSHIP OF HARING, Justices
Plaintiff-Appellant,
v SC: 142117
COA: 292122
Wexford CC: 08-020967-CK
CITY OF CADILLAC,
Defendant-Appellee.
_________________________________________/
TOWNSHIP OF SELMA,
Plaintiff-Appellant,
and
TOWNSHIP OF CLAM LAKE,
Plaintiff,
v SC: 142118
COA: 292164
Wexford CC: 08-021381-CK
CITY OF CADILLAC,
Defendant-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 October
12, 2010 judgment of the Court of Appeals. Although courts are not bound by the
parties’ determination that a case is ripe, we agree with the parties that considering all of
the circumstances this case is ripe for adjudication and that the claims are not contingent
or hypothetical.
The grant of leave to appeal also asked the parties to address whether Washtenaw
County Health Dep’t v T&M Chevrolet, Inc, 406 Mich 518 (1979), which held that when
“an available sewer line crosses municipal boundaries, the municipality operating the
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sewer system may not condition connection on annexation of the properties involved
when connection means abatement of a public health hazard[,]” id. at 525-526, was
correctly decided and, if so, whether it requires the defendant to continue providing
sewage transportation and treatment services to the plaintiff townships. However,
because there is no “public health hazard” requiring abatement presented in this case, the
issue is not directly before the Court at this time and need not be decided.
I, Corbin R. Davis, 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.
January 25, 2012 _________________________________________
t0118 Clerk