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STATE OF MICHIGAN
COURT OF APPEALS


PRESQUE ISLE ELECTRIC & GAS CO-OP, Plaintiff-Appellee, v VILLAGE OF HILLMAN and HILLMAN VILLAGE COUNCIL, Defendants-Appellants.

UNPUBLISHED July 22, 2008

No. 278986 Montmorency Circuit Court LC No. 07-001644-CB

Before: Saad, C.J., and Fort Hood and Borrello, JJ. PER CURIAM. In this contract dispute, defendants appeal as of right from the trial court order granting summary disposition in favor of plaintiff. For the reasons set forth in this opinion, we reverse and remand for entry of summary disposition in favor of defendants. This appeal has been decided without oral argument pursuant to MCR 7.214(E). Plaintiff is a non-profit, member-owned utility that provides both electricity and natural gas to customers in northeastern Michigan. On August 2, 1994, the Village granted plaintiff a non-exclusive franchise to provide natural gas to its residents and businesses. The Village adopted the parties' franchise agreement as an ordinance. Plaintiff and defendants agree that the franchise agreement constitutes a written contract. In 2006, when the parties were unable to resolve a disagreement regarding a proposed rate increase, plaintiff sought to compel the Village to join in an application to submit the dispute to the Michigan Public Service Commission (MPSC) for resolution.1 Plaintiff relied on the following language in

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