Hess v. Cannon Twp.
Decision Date | 26 May 2005 |
Docket Number | Docket No. 248974. |
Citation | 265 Mich. App. 582,696 N.W.2d 742 |
Parties | Joseph M. HESS and William Wheeler, Plaintiffs-Appellants, v. CANNON TOWNSHIP and Grattan Township, Defendants-Appellees. |
Court | Court of Appeal of Michigan — District of US |
Allan Falk, P.C. (by Allan Falk), Okemos, for the plaintiffs.
Mika Meyers Beckett & Jones PLC (by William A. Horn and Ronald M. Redick), Grand Rapids, for the defendants.
Before: NEFF, P.J., and SMOLENSKI and SCHUETTE, JJ.
Plaintiffs Joseph M. Hess and William Wheeler appeal as of right the trial court's order granting defendants' motion for summary disposition pursuant to MCR 2.116(C)(10). This case concerns whether Cannon Township may disburse or contribute funds to help defray or otherwise share the legal costs incurred by a neighboring township—Grattan Township—in a land use controversy that both townships oppose. The trial court dismissed plaintiffs' complaint because it concluded that Cannon Township had the authority pursuant to MCL 41.2 and that Cannon Township had a legitimate, compelling, and valid public policy interest in the litigation in which Grattan Township was involved. We affirm the decision of the trial court.
Grattan Township was involved in litigation with Landon Holdings, Inc. (Landon), a developer seeking to build a manufactured housing community on property located in Grattan Township on its border with Cannon Township. Cannon Township attempted to intervene in that litigation, but its petition was denied.
On November 11, 2002, the Cannon Township board adopted two separate formal resolutions setting forth its findings of fact with respect to the adverse impacts that the Landon mobile home park would have on both Cannon Township and Grattan Township. The first resolution, entitled: "Resolution Regarding Cannon Township's Interest in Defending Regional Land Use Planning for Manufactured Housing Communities," provides:
The second resolution was entitled: "Resolution Authorizing Disbursement of Township General Funds for the Purpose of Defending Regional Land Use Planning for Manufactured Housing Communities." This second resolution reaffirmed and recited similar findings of fact as the first resolution and also authorized the disbursement of $90,660 to Grattan Township to assist in reimbursing and defraying the costs of legal proceedings already incurred by Grattan Township's lawsuit with Landon. Cannon Township and Grattan Township then executed an agreement that provides the following:
Plaintiffs, taxpayers who reside in Cannon Township, brought suit alleging they suffered damages as result of Cannon Township's unlawful expenditure of the township's general funds. Plaintiffs requested that the trial court declare that Cannon Township's disbursement of township funds to Grattan Township was unlawful, order that Grattan Township immediately return the $90,660 to Cannon Township, and permanently enjoin Cannon Township from making any future disbursements of township general funds for the purpose of defraying legal costs incurred by Grattan Township.
Defendants filed a motion for summary disposition pursuant to MCR 2.116(C)(10). Defendants stated in their motion for summary disposition that not only did the Cannon Township board make amply supported factual findings in support of its determination that financial assistance to Grattan Township would serve a valid public purpose, it also ensured that from an auditing perspective, the expenditure would be acceptable to township auditors.1
A hearing was held on May 2, 2003. The trial court concluded that the Cannon Township board had a legitimate and compelling interest to participate in, and to assist with, the litigation involving Grattan Township and Landon. The trial court also concluded that the Cannon Township board had the authority to act pursuant to the Michigan Constitution and MCL 41.2. The trial court granted defendants' motion for summary disposition.
On appeal, a trial court's decision on a motion for summary disposition is reviewed de novo. A motion for summary disposition under MCR 2.116(C)(10) tests the factual sufficiency of the complaint. When deciding a motion for summary disposition under this subrule, a court must consider the pleadings, affidavits, depositions, admissions and other documentary evidence...
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