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03/08/76 TOWNSHIP NOVI v. STATE BOUNDARY COMMISSION

March 8, 1976

TOWNSHIP OF NOVI
v.
STATE BOUNDARY COMMISSION; TOWNSHIP OF BRIGHTON V. STATE BOUNDARY COMMISSION



Appeals from Ingham, Jack W. Warren, J., and Donald L. Reisig, J.

Leave to appeal granted, 397 Mich .

McGregor, P. J., and T. M. Burns and N. J. Kaufman, JJ.

SYLLABUS BY THE COURT

1. Municipal Corporations -- Annexation of Lands -- Statutes -- Constitutional Law -- Reenactment and Republishing.

The legislative attempt in 1970 to amend the boundary commission act by putting into the home rule cities act specific words to amend the boundary commission act by removing jurisdiction over annexations from the counties and giving it to the State Boundary Commission is violative of the constitutional requirement that such amendments require reenactment and republishing of the act amended, and the subsequent attempt of the Legislature in 1972 to cure the defect in the 1970 act is unconstitutional for the same reason (MCLA 123.1001; MSA 5.2242[1], MCLA 117.1; MSA 5.2071, Const 1963, art 4, § 25).

2. Municipal Corporations -- Annexation of Lands -- Legislative Regulations -- Constitutional Prohibitions.

Annexation of land by a municipal corporation is strictly a political matter which the Legislature must regulate and one which is not subject to constitutional prohibitions.

3. Constitutional Law -- Classification by Population -- Rational Basis.

A classification based on population may be valid under the constitution as having a rational basis.

4. Administrative Law -- Statutes -- Statutory Guidance Criteria -- State Boundary Commission -- Adequacy.

The specified numerous statutory criteria provided to guide the State Boundary Commission are more than adequate and as reasonably precise as the subject matter requires or permits (MCLA 123.1009; MSA 5.2242[9]).

The opinion of the court was delivered by: Burns

Petitions by the cities of Novi and Brighton to the State Boundary Commission for annexation of lands within the townships of Novi and Brighton respectively. Petitions approved. The townships brought suit in the circuit court to have the orders declared void and the annexation jurisdiction of the State Boundary Commission declared unconstitutional. Judgment for the plaintiff townships. The defendant cities appeal by leave granted.

The cities of Novi and Brighton petitioned the State Boundary Commission (SBC) for annexation of lands lying within their respective townships. The SBC approved ...


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