HomeMy WebLinkAboutResolutions - 1988.10.13 - 17660FINANCF/COMMITTE
October 13, 1988
MISCEIIANEOUS RESOLUTION 88262
BY: FINANCE COMMITTEE, DR. G. WITTJAM CADDEIL, CHAIRPERSON
IN RE: CORPORATION COUNSEL - APPOINTMENT AND PAYMENT OF COUNSEL
COUNTY OF OAKLAND V STATE OF MICHIGAN (ACT 416), SUPREME
COURT NO. 81367
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mt. Chairperson, Ladies and Gentlemen:
WHEREAS in 1983 the State of Michigan denied funding to the County of Oakland
for Sheriff's Department secondary road patrol pursuant to Public Act 416 of 1978
(MCL 51.76, et seq.); and
WHEREAS the Department of Corporation Counsel filed suit against the State in
the Court of Claims successfully Challenging the State's interpretation of financing
under said Act; and
WHEREAS this matter was appealed to the Michigan Court of Appeals which issued
an opinion adverse to the County; and
WHEREAS the Michigan Supreme Court denied Leave to Appeal in 1988; and
WHEREAS due to the constraints of time and the adverse financial impact to the
County, the Department of Corporation Counsel requested the firm of Kohl, Secrest,
Wardle, Lynch, Clark and Hampton to file a Motion for Reconsideration on behalf of
the County in the Michigan Supreme Court; and
WHEREAS the Michigan Supreme Court granted the Motion for Reconsideration and
has accepted the appeal of this matter; and
WHEREAS briefs on appeal are being filed and oral argument will be scheduled.;
and
WHEREAS an interim billing from Kohl, Secrest, Wardle, Lynch, Clark and Hampton
has been received for services rendered through August 26, 1988, in the sum of
$5,219.58; and
WHEREAS the Department of Corporation Counsel has reviewed the interim billing
and recommends payment,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the appointment of the law firm of Kohl, Secrest, Wardle, Lynch, Clark and
Hampton to pursue the appeal of County of Oakland
v State of Michigan now pending in the Michigan Supreme Court.
Mt. Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
I MI
Th.a
Y APPROVE THE FOREGOING RESOLUTION 7
Resolution # 88262 October 13, 1988
this 13th October. 1988
ALLEN, County Clerk/Register of De
'day of
LYNN
Moved by Caddell supported by Richard Kuhn the resolution be adopted.
AYES: Moffitt, Oaks, Page, Pernick, Rewold, Rowland, Skarritt, Wilcox,
Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Luxon,
McConnell, McDonald. (20)
NAYS: None. (0) •
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached
resolution adopted by the Oakland County Board of Commissioners at their regular
meeting held on October la, 1988
with the original record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the • whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan