Opinion
No. 126711.
July 8, 2005.
Reported below: 262 Mich App 542.
Leave to Appeal Denied.
SC: 126711.
YOUNG, J. I concur in the order denying leave to appeal. I note that when Burt Twp v. Dep't of Natural Resources was decided by this Court, the Attorney General did not brief or argue the issue of state sovereignty as a basis of reversal. I believe that the question whether state sovereignty ought to play a part in the Dearden analysis is a jurisprudentially significant issue and merits serious consideration by this Court. However, this case does not present a good vehicle for addressing the issue of state sovereignty as it applies to Dearden. The clear language of MCL 285.165 indicates that control of the state fairgrounds is vested solely in the State Exposition and Fairgrounds Authority. I would welcome another case where this issue is better presented.
459 Mich 659 (1999).
Dearden v. Detroit, 403 Mich 257 (1978). As this Court noted in Burt Twp, the Dearden test has proven "difficult to apply." 459 Mich 664 n 3.