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No. 127580
| City of Taylor, |
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Mary Massaron Ross |
Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals)
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(Wayne - Murphy, J.) |
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| The Detroit Edison Company, |
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William K. Fahey |
| Defendant-Appellant. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Defendant-Appellant's Reply Brief>>
Defendant-Appellant's Supplemental Brief>>
International Transmission Company and Michigan Electric Transmission Company's
Amici Curiae Brief>>
Michigan Electric Industry's Amicus Curiae Brief>>
Michigan Municipal League and the Michigan Townships Association's Amici Curiae Brief>>
Michigan Public Service Commission's Amicus Curiae Brief>>
Telecommunications Association of Michigan's Amicus Curiae Brief>>
Background
In 1999, the city of Taylor began planning a major renovation of Telegraph Road. Detroit Edison has utility poles holding electric wires along the street, and the city and Detroit Edison discussed placing the wires underground. Detroit Edison did not object, but maintained that the city should bear most of the cost of the relocation. The city did not agree, and adopted the “Telegraph Road Improvement and Underground Relocation of Overhead Lines Ordinance,” which required utilities with overhead facilities along Telegraph Road to immediately relocate those facilities underground at their own cost. The city then sued Detroit Edison, asking the court to order Detroit Edison to comply with the ordinance. Detroit Edison relied on various rules adopted by the Michigan Public Service Commission and a tariff to support Detroit Edison’s claim that it was not obligated to bear the cost of relocation. But the trial court ruled in the city’s favor; the court also determined that Detroit Edison owed the city about $2.6 million for preliminary work that the city had already done to relocate the wires. In a published opinion, the Court of Appeals affirmed the trial court’s determination that Detroit Edison had to bear the cost of the relocation. But the appellate court remanded the case to the trial court for further proceedings regarding the work performed by the city and the amount of damages owed by Detroit Edison. Detroit Edison appeals.
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