City of Taylor v. Detroit Edison Co.

Today, the majority of this Court has made a drastic change in the law. I believe the legal conclusions underlying the change are erroneous.

The Michigan Constitution provides local units of government the authority to reasonably control their rights-of-way. Const 1963, art 7, § 29. Michigan courts have long held that the right of reasonable control includes the right to order a utility to move its facilities to another location at the utility’s expense. The state has not occupied the field in this area of the law. And the primary jurisdiction of the Michigan Public Service Commission (PSC) is…