Opinion
No. 6 November Term 1972, Docket No. 53,486.
Decided May 25, 1973.
Appeal from Court of Appeals, Division 3, Holbrook, P.J., and Bronson and O'Hara, JJ., affirming Ottawa Raymond L. Smith, J. Submitted November 10, 1972. (No. 6 November Term 1972, Docket No. 53,486.) Decided May 25, 1973.
38 Mich. App. 122 affirmed.
Complaint by Grand Haven Township against the City of Grand Haven for an injunction to prevent defendant from annexing a parcel of land in Grand Haven Township. Summary judgment for defendant. Plaintiff appealed to the Court of Appeals. Affirmed. Plaintiff appealed to the Supreme Court. Remanded to Court of Appeals for reconsideration. Affirmed. Plaintiff appeals. Affirmed
Bauckham, Reed Lang and James W. Bussard, for plaintiff.
Scholten Fant (by R. Neal Stanton), for defendant.
This matter was first before this Court on appeal from the Court of Appeals' original decision reported in 33 Mich. App. 634 (1971). This Court granted leave to appeal and remanded to the Court of Appeals for reconsideration in light of the decision in Owosso Twp v City of Owosso, 385 Mich. 587 (1971). 386 Mich. 754.
The Court of Appeals on remand correctly distinguished Owosso on the finding that plaintiff had stipulated that "`the lands annexed * * * were owned by and adjacent to the Defendant' (Emphasis supplied.)", which was the critical issue in Owosso. 38 Mich. App. 122, 124 (1972).
We therefore adopt the Court of Appeals opinions in 33 Mich. App. 634 and 38 Mich. App. 122.
Affirmed without costs, a public question.
T.M. KAVANAGH, C.J., and T.E. BRENNAN, T.G. KAVANAGH, SWAINSON, and WILLIAMS, JJ., concurred.
LEVIN and M.S. COLEMAN, JJ., did not sit in this case.