INCORPORATION OF SUMMER RESORT OWNERS
Act 137 of 1929
455.206c Election; voters, eligibility.
Sec. 6c.
For the purpose of such election all freeholders who have resided week-ends in the territory to be affected for a period 1 month prior to such election and who are qualified voters in any voting precinct of the state of Michigan at general elections, are qualified voters for the purpose of this act.
History: Add. 1939, Act 133, Imd. Eff. May 23, 1939 ;-- CL 1948, 455.206c
Constitutionality Notes:
The residency requirement of this section constitutes a denial of equal protection in violation of Const 1963, art I, § 2, and US Const, am XIV, § 1. Baldwin v North Shore Estates Association, 384 Mich 42; 179 NW2d 398 (1970).
In Whitman v Lake Diane Corp, 267 MA 176 (2005), the Michigan court of appeals held that the provisions concerning elections in the summer resort owners corporation act, MCL 455.201 et seq, violate the constitutional due process rights of the persons whose property interests would be affected by the election.
Notes of Decisions
Whitman v. Lake Diane Corp., 704 N.W.2d 468 (Mich. Ct. App. 2005).
· cites it 5× “206b and MCL 455.206c. On the eve of the election, however, plaintiff, who owns property along the shore of Lake Diane not currently under defendant’s jurisdiction, brought this action for declaratory and injunctive relief, challenging the constitutionality of the summer resort…”
Ryan v. Ore Lake, 223 N.W.2d 637 (Mich. Ct. App. 1974).
· cites it 2× “Notice of the election was given using the words of MCLA 455.206c; MSA 21.756(3) to describe those eligible to vote.”
James McGue v. Glenbrook Beach Ass'n (Mich. Ct. App. 2018).
· cites it 2× “6 MCL 455.206c provides: For the purpose of such election all freeholders who have resided week- ends in the territory to be affected for a period 1 month prior to such election and who are qualified voters in any voting precinct of the state of Michigan at general elections,…”
James McGue v. Glenbrook Beach Ass'n (Mich. Ct. App. 2018).
· cites it 2× “6 MCL 455.206c provides: For the purpose of such election all freeholders who have resided week- ends in the territory to be affected for a period 1 month prior to such election and who are qualified voters in any voting precinct of the state of Michigan at general elections,…”
Baldwin v. North Shore Estates Ass'n, 166 N.W.2d 552 (Mich. Ct. App. 1968).
“” CL 1948, § 455.206c. “Sec. 6e. If a majority of the said qualified voters of the entire territory comprised in the territorial description contained in the notice of election shall *293 vote in.”
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