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A Better Partnership
October 02, 2013

COA holds townships have authority to adopt reasonable truck route ordinances

In an earlier opinion, the Michigan Court of Appeals held that MCL 257.726(3), a law granting county road commissions authority to void or approve township truck route ordinances, was unconstitutional as applied.  See our earlier post on Oshtemo Charter Township v. Kalamazoo County Road Commission, by clicking here. The Court held that reasonable truck ordinances do not conflict with state law and that MCL 257.726(3) is unconstitutional as applied when it allows a county road commission to void a traffic ordinance without finding that the ordinance is unreasonable. It has now vacated that decision and issued a new one, substantially identical in every respect except for the last paragraph, which it altered to explain that the KCRC retains authority to hear a new challenge to Oshtemo's ordinance.

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