Judge blocks city plan to annex a portion of Lansing Township

TUESDAY, Sept. 6 — Ingham County Circuit Judge Clinton Canady III issued a temporary injunction today preventing the city of Lansing’s proposal to annex the Groesbeck area of Lansing Township from appearing on the Nov. 8 ballot. 

Lansing Mayor Andy Schor said the city will appeal the ruling to the state Court of Appeals. It will need a ruling by Friday in order for the proposal to appear on the General Election ballot, which is scheduled to go to the printers Monday.

“It seems to me the city should have proceeded” under a different portion of the Charter Township Act, Canady said in his ruling.

The arguments came down to a grammatical question of whether the act requires the entire township to be surrounded by the city in order for annexation to occur or just the portion that the city is seeking to annex.

Lansing Township’s attorney, Michael Gresens, contended the former, while Assistant City Attorney Amanda O’Boyle argued the latter.

The Groesbeck area that the city seeks to annex is surrounded on all sides by the city. However, Lansing, East Lansing and Delta Township border different parts of the five noncontiguous land areas that compose Lansing Township.

At issue was the following language of the Charter Township Act:

“Notwithstanding subsection (1), a portion of a charter township, which charter township is contiguous on all sides with a city or village, may be annexed by that city or village with the approval of a majority of the electors in that portion of a charter township.”

Lansing’s brief argued that the phrase in question — “which charter township is contiguous on all sides with a city or village” — modifies the preceding clause “a portion of a charter township.” 

But Gresens contended the phrase is what is known as an “independent phrase.”

“It does not modify the language. Rules of grammar, English grammar support the interpretation of the township’s position.”

Canady agreed.

 “I think you have to say that’s the entire township.”

“Otherwise you wouldn’t have a sec. 5, which lists a portion."

 “The issue I have to decide is should the process that was followed to get this to the ballot — is that a valid process?” Canady said. “Is it a valid statute for them to proceed under?”

Canady ruled the city should have proceeded to pursue annexation through a more stringent process, laid out in another section of the law. It requires an approved ballot petition, signed by at least 20 percent of the registered voters in the area set for annexation. After those are verified, the question of annexation must be put before the voters of the area to be annexed, as well as the voters of the city or village accepting the annexation. 

Instead, the City Council approved putting the annexation proposal on the ballot based on a petition signed by about 120 residents, far below 20% of registered voters, which is estimated to be about 1,800.

“It’s a big win for us,” said Lansing Township Supervisor Maggie Sanders. “And it will be a precedent moving forward. They didn't have to move forward with this. Just because they received a letter with 119 signatures.”

Lansing Mayor Andy Schor disagreed. 

“The citizens of Lansing Township in the Groesbeck neighborhood asked the City of Lansing to put annexation on the ballot for them to decide if they want to join the city,” Schor said in a statement. “The City of Lansing complied with their request and acted within the law to request this question be placed on the ballot. The Lansing City Attorney strongly disagrees with today’s decision about the process to put this question on the ballot and will file an appeal in the Michigan Court of Appeals for immediate consideration. We are confident that the Court of Appeals will reverse this order and give these citizens the option to decide, as they have requested.”

The proposal would see an annexation of approximately 20 percent of the township’s property tax revenues. Groesbeck residents petitioned the city in July, and the City Council decided last month to ask Byrum to put it on the ballot in the affected area.

If the proposal makes the ballot and a majority of voters in the proposed annexation area approve, then the area will be annexed.