Township filed action against city seeking to prevent annexation of 80 acres of real property.
The Circuit Court granted summary disposition in favor of city, and township appealed.
The Court of Appeals held that property that city sought to annex from township was not “vacant,” and therefore city could not annex property from township solely by resolution of the city council, where an underground water transmission line located on the land at issue was in constant use, rather than just in use seasonally, and thus property at issue was being “put to use.”