Groh v. City of Battle Creek

The issue we consider controlling in this appeal is whether the second proviso which appears in section 8 of PA 1909, No 279 (CLS 1956, § 117.8 [Stat Ann 1961 Cum Supp § 5.2087]), applies to a petition for annexation to the defendant city of Battle Creek of the entire city of Springfield, which adjoins Battle Creek, there having been- an unsuccessful effort within the preceding 2 years to annex portions of the city of Springfield to Battle Creek. The language of the pertinent proviso with which we are here concerned reads as follows:

“Provided further, That a petition covering the same…