THE HOME RULE CITY ACT
Act 279 of 1909
117.8a Incorporation, consolidation or alteration of boundaries; filing substitute petition; action by supervisors.
Sec. 8a.
In case a petition has been filed with the clerk pursuant to section 8, and subsequently another petition is filed by other petitioners proposing to affect the same territory in whole or part, then the subsequently filed petition shall not be submitted to the electors while in conflict with the prior petition: Provided, however, That if such prior petition on file is one on which the board of supervisors has not finally set the date for an election, and such subsequent petition has been filed as a substitute therefor encompassing all of the same territory and having among its signers at least 4/5 of the qualified petitioners shown on such prior petition, then the board shall act on such subsequent petition in the place and stead of said prior one. If the board finds that said substitute petition complies with the provisions of this act, an election shall be called thereon; otherwise the election shall be held on such prior petition if it complies with this act.
History: Add. 1951, Act 158, Imd. Eff. June 6, 1951
Notes of Decisions
Godwin Heights Pub. Schs. v. Kent Cnty. Bd. of Supervisors, 109 N.W.2d 771 (Mich. 1961).
“” Section 8a (CLS 1956, § 117.8a [Stat Ann 1959 Cum Supp § 5.2087(1)]) provides: “In case a petition has been filed with the clerk pursuant to section 8, and subsequently another petition is filed by other petitioners proposing to affect the same territory in whole or part, then…”
Carpenter v. Genesee Cnty. Bd. of Supervisors, 123 N.W.2d 708 (Mich. 1963).
· cites it 2× “It is significant in this regard that the legislature by section 8a of the home-rule act, added by PA 1951, No 158 (CLS 1956, § 117.8a [Stat Ann 1961 Cum Supp § 5.2087 (1)]), contains the following provision applicable to the board of supervisors: "In case a petition has been…”
Twp. of Farmington v. State Boundary Comm'n, 189 N.W.2d 757 (Mich. Ct. App. 1971).
· cites it 2× “The case is remanded to the trial court for entry of an appropriate order retransmitting the petition aforesaid to the commission for further proceedings in the manner provided by law.”
Bunker v. Genesee Cnty., 123 N.W.2d 712 (Mich. 1963).
“In this respect plaintiffs based their argument on section 8a of the home-rule act (CLS 1956, § 117.8a [Stat Ann 1961 Cum Supp § 5.2087(1)]), which provides in part as follows: *308 “In case a petition has been filed with the clerk pursuant to section 8, and subsequently another…”
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