![]() ![]() We disagree and hold that the disputed parcel herein was "owned by" the defendant as required by MCL 117.9(8) MSA 5.2088(8). Absent exclusive and indefeasible possessory rights, it is said, the prerequisite of "ownership" by the *103 annexing municipality is not sustained. In support of this argument, plaintiff asserts that a city seeking to unilaterally annex contiguous parcels of land must, prior to passage of its annexation resolution, hold all legal and equitable interests in the property. Plaintiff alleges as reversible error the lower court's finding that the subject parcel was "owned by" the annexing city. The lower court entered a preliminary injunction on September 22, 1978, enjoining the city from exercising any governmental authority over the parcel. Pittsfield filed its complaint in Washtenaw County Circuit Court, seeking to void the annexation on the grounds that the city was not the owner of the land at the time of the resolution and that the parcel was not vacant. After purchasing the property, the city attempted to annex the land by a resolution of its city council under MCL 117.9(8) MSA 5.2088(8). The parcel had no buildings located within its boundaries and was used primarily for the production of crops. The uninhabited parcel was located in the Charter Township of Pittsfield and was zoned for agricultural use. Tefft a certain parcel of land contiguous to the city with the intention of developing the parcel as an industrial park. By a land contract dated May 12, 1978, the City of Saline purchased from Robert F. *102 The facts as stipulated by the parties disclose the following series of events. On March 26, 1980, we granted the plaintiff's motions for immediate consideration and to reinstate the preliminary injunction barring defendant's use of the property, pending disposition of the instant appeal. Plaintiff, Charter Township of Pittsfield, appeals of right a March 3, 1980, decision of the Washtenaw County Circuit Court which dissolved a preliminary injunction and dismissed plaintiff's complaint requesting the court to declare null and void a resolution of defendant's city council annexing certain property located in the township. Grossman, Saline City Attorney, for defendant.īefore: M.J. 99(1981) 302 N.W.2d 608 CHARTER TOWNSHIP OF PITTSFIELD ![]()
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