Section 455.206c - Election; voters, eligibility. - Michigan Statutes

State Codes and Statutes

Statutes > Michigan > Chapter-455 > Act-137-of-1929 > Section-455-206c

INCORPORATION OF SUMMER RESORT OWNERS (EXCERPT)
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: 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.

State Codes and Statutes

Statutes > Michigan > Chapter-455 > Act-137-of-1929 > Section-455-206c

INCORPORATION OF SUMMER RESORT OWNERS (EXCERPT)
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: 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.

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State Codes and Statutes

Statutes > Michigan > Chapter-455 > Act-137-of-1929 > Section-455-206c

INCORPORATION OF SUMMER RESORT OWNERS (EXCERPT)
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: 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.