Monday, December 19, 2005

State law limits cities' ability to sell parks

MCL 117.5 Prohibited powers: A city does not have power:

(e) ...to sell a park, cemetery, or any part of a park or cemetery, except where the park is not required under an official master plan of the city;
It certainly appears the Normandy Oaks park sale is prohibited under Michigan Compiled Law 117.5(e). This reading was informally acknowledged when discussed with a former city attorney. Normandy Oaks is not deemed surplus by either the City's Master Plan nor the Recreation Master Plan.

This law was successfully upheld against the City of Novi in the late-90s. Royal Oak Commissioners have been made aware of this state law on at least two separate occasions during the discussed sale of Normandy Oaks.