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Local Municipality Electric Franchise Authority

Pursuant to Article VII, Section 29 of the Michigan Constitution of 1963, local municipalities (including cites, villages and townships) have extensive authority over their roads, public rights-of-way and other public places, including the ability to require a franchise or comparable approval from utilities. While the Michigan Supreme Court in City of Taylor v Detroit Edison Company, 475 Mich 109 (2006) curtailed those powers, the recently published Michigan Court of Appeals decision in Upper Peninsula Power Company v Village of L’Anse, ____ Mich App ____, 2020 (decided on November 12, 2020; Case No. 349833; 2020 WL 6683062) makes it clear that the local municipal franchise authority is still significant. The power company has petitioned the Michigan Supreme Court for a further appeal.
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