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A Summary Of Recent Michigan Court Cases Relevant To The Bolt Decision.pdf

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Preview of a summary of recent Michigan court cases relevant to the Bolt Decision
🔗 Source: localinannarbor.com
📊 Size: 98 KB
👤 Author: owner
⬇️ Downloads: 95

Summary

The Michigan Supreme Court vacated a Court of Appeals decision in Binns v Detroit and DAART v Detroit, which had ruled that Detroit's drainage charge was a fee rather than a tax. This decision may impact the lawsuit against the City of Ann Arbor. The Supreme Court's order suggests that it will maintain its original approach to the fee versus tax analysis, as established in Bolt v City of Lansing (1998). In Bolt, the Court distinguished between a municipal fee and a tax, requiring a reasonable relationship between the fee and the service or benefit provided. Justice Zahra's concurring opinion highlighted the importance of proportionality analysis, citing an argument that Detroit's failure to collect drainage charges from its largest landowner, the Detroit Land Bank Authority, raises questions about the classification of the drainage charge as a user fee rather than a tax.

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Description

The Michigan Supreme Court vacated a Court of Appeals decision in Binns v Detroit and DAART v Detroit, which had ruled that Detroit's drainage charge was a fee...

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  • File Format: PDF
  • File Size: 98 KB
  • Pages: 2
  • Language: EN
  • Author: owner
  • Total Downloads: 95
  • Last Updated: 1 month ago

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