Legal Opinion · Dissent

Hess v. Cannon Township

Michigan Court of Appeals

Decided May 26, 2005No. Docket 248974Published

1DissentSmolenski, J.

Because I find no constitutional or statutory authority for Cannon Township to expend funds to assist a neighboring township with a legal dispute, I respectfully dissent.

Townships have no inherent powers; rather, they ppssess only those limited powers conferred on them by the Legislature or by the Michigan Constitution. Howell Twp v Rooto Corp, 258 Mich App 470, 475; 670 NW2d 713 (2003). The powers granted to townships by the Constitution and by law only include those fairly implied and not prohibited by the Constitution. Id. at 475-476, citing Const 1963, art 7, § 34. Thus, for the…

2Cases cited4 opinions

  1. Hays v. City of KalamazooMichigan Supreme Court · 1947
  2. Hanselman v. Wayne County Concealed Weapon Licensing BoardMichigan Supreme Court · 1984
  3. Detroit Edison Co. v. Township of RichmondMichigan Court of Appeals · 1986
  4. Howell Township v. Rooto CorporationMichigan Court of Appeals · 2003

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API