City of Novi v. City of Detroit

I respectfully dissent.

The majority barely mentions, and then dismisses the effect of, a "Stipulation of Facts” entered into at trial by the parties. As the Court of Appeals emphasized, "That stipulation, which was received and approved by the court, was binding upon the parties.” 166 Mich App 397, 404; 420 NW2d 839 (1988).

As a result, the City of Detroit stipulated that the particular utility basis of rate-making specified in the 1980 Camp, Dresser & McKee (cd & m) report was used by Detroit in setting the rates for water sold to the City of Novi. Paragraph 8 of the stipulation by the…