Airport Community Schools v. State Bd. of Ed., Docket No. 5881
| Decision Date | 29 May 1969 |
| Docket Number | Docket No. 5881,No. 2,2 |
| Citation | 17 Mich.App. 574,170 N.W.2d 193 |
| Parties | AIRPORT COMMUNITY SCHOOLS, a municipal corporation, et al., Plaintiffs-Appellants, v. STATE BOARD OF EDUCATION et al., Defendants-Appellees |
| Court | Court of Appeal of Michigan — District of US |
Thomas E. Griffin, Jr., Griffin & Griffin, Monroe, for appellants.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Eugene Krasicky, Asst. Atty. Gen., Lansing, for appellees.
Before LESINSKI, C.J., and DANHOF and QUINN, JJ.
Plaintiffs filed this action to test the constitutionality of P.A.1967, No. 239, M.C.L.A. § 388.711 et seq. (Stat.Ann.1968 Cum.Supp. § 15.2299(51) et seq.). June 14, 1968, the trial court granted defendants' motion for summary judgment and plaintiffs appeal.
The act involved deals with emergency reorganization of primary and fourth class school districts not maintaining high schools lying wholly in, or the major part of the territory of which lies wholly in, a county of more than 1,000,000 population. By its terms, the act was not effective after July 1, 1968. P.A.1967, No. 239, § 11. As amended by P.A.1968, No. 130, § 2, the limitation on the term of the effectiveness of the act was repealed and it was made effective without limit. Plaintiff school district lies wholly in Monroe county and the individual plaintiffs are resident taxpayers of the district.
It is plaintiffs' position that by its terms, Act 239 applies only to school districts in Wayne county, and, therefore, it is a local and special act in violation of Const.1963, art. 4, § 29,* because a general act could have been made applicable and the voters of the district did not approve the act.
The fact that a legislative act contains a population classification which limits the present application of the act does not necessarily make the act local or special. If the population classification has a reasonable relation to the purpose of the statute and the statute applies whenever the population classification is met, an act containing such a classification is not thereby made local or special. City of Dearborn v. Wayne County Board of Supervisors (1936), 275 Mich. 151, 266 N.W. 304; Chamski v. Wayne County Board of Auditors (1939), 288 Mich. 238, 284 N.W. 711; Irishman's Lot, Inc. v. Secretary of State (1954), 338 Mich. 662, 62 N.W.2d 668.
As amended, Act 239 applies to all counties attaining a population of more than 1,000,000.
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