City of South Haven v. Van Buren County Board of Commissioners

CAVANAGH, J.

(concurring in part and dissenting in part). I agree that the ballot proposal violated the allocation provisions of MCL 224.20b; thus, I join parts I, II, and III of the majority opinion. However, I dissent from parts IV and V because I would not reach the issue of the remedies available for a violation of MCL 224.20b when the lower courts have not yet addressed the matter. I would remand to the circuit court to consider whether any of plaintiffs claims survive defendants’ motion for summary disposition in light of our ruling.